Calcutta HC upholds stay on arrest warrant against Mohammed Shami in assault case filed by wife Hasin Jahan

The Calcutta High Court has recently upheld a stay on the arrest warrant against Indian cricketer Mohammad Shami, which was issued by the Sessions Judge, Alipore. The case dates back to 2018 when Shami's wife, Hasin Jahan, filed a case of cruelty and assault against the cricketer. Jahan alleged that Shami had assaulted her on February 23, 2018, after she protested against his alleged extra-marital affairs.

In March 2018, Jahan filed a written complaint with the Jadavpur police station under Section 498A and Section 354 of the Indian Penal Code, which led to a charge sheet being filed against Shami. The Chief Judicial Magistrate of Alipore then issued arrest warrants against Shami and his relatives on August 29, 2019.

"One of the reason given by the Magistrate for issuing the warrant of arrest instead of summons, was that Shami being a cricketer in the Indian team, a bad message would go to the society specially to the petitioner, who may think she has been prejudiced as he is a high profile accused," the order stated.

However, the Opposite parties filed a revision against the Magistrate's order before the Sessions Judge of Alipore, and on September 9, 2019, a stay on the arrest warrant against Shami was granted.

Justice Shampa Dutt (Paul), who presided over the single judge bench, made a statement revealing that Shami's wife had accused him of being unfaithful and maintaining relations with multiple women.

Upon careful consideration of the facts presented, the Court has determined that the issuance of an arrest warrant against Shami, rather than a summons, was in violation of the rule of law.

"In the present case the Session Judge passed an order of stay. The hearing of the revision (before sessions court) is still pending. And as such, the order of the Session Judge requires no interference. The order of the Magistrate was not in accordance with law and totally against the principle of natural justice," the Court said.

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