NEW DELHI: India cricketer Mohammed Shami's estranged wife, Hasin Jahan has filed a petition in the Supreme Court alleging that a criminal case against the fast bowler related to dowry harassment and alleged involvement in extra marital has been "erroneously stayed for the past four years".
She challenged the validity of the Calcutta High Court's March 28 2023 order, in which it had refused to quash the Sessions Court's stay order in the proceedings initiated on her complaint.
Dealing with her husband's plea against the arrest warrant, the Sessions Court, instead of staying the arrest warrant alone, stayed the criminal trial all together, "without there being any such extraordinarily exceptional circumstances which necessitate the stay of a criminal trial, instead of proceeding further with trial," her plea filed through advocate Deepak Prakash stated.
She claimed that her right to fair and speedy trial guaranteed under
Article 21 of the Constitution of India has been inflicted by the perverse and mechanical order.
The petitioner married Shami on April 7, 2014 as per Islamic rights and rituals. A girl child was born out of wedlock on July 17, 2015.
Jahan alleged Shami has continued to have extra-marital affairs with prostitutes, even when he is on tours with the senior national cricket team.
She accused Shami of demanding dowry from her, even as he was continuously involved in illicit extra-marital sexual affairs with prostitutes, especially during his BCCI tours, in the hotel rooms provided by the BCCI, even till the present day.
Her plea further stated that there should not be any special treatment for celebrities under the law.
Jahan had first brought up the allegations of domestic abuse and adultery against Shami in 2018, when she filed a police complaint in Jadavpur.
Shami and his elder brother Hasib Ahmed were questioned by Kolkata Police's women's grievance cell in 2018 and the Alipore Court even issued an arrest warrant against the Indian cricketer. However, the arrest warrant was later stayed. The Indian cricket board (BCCI) Anti-Corruption Unit gave Shami a clean chit after Jahan even alleged that Shami was involved in match-fixing.
Earlier in January 2023, Shami was ordered to pay a monthly sum of Rs 50,000 to Jahan by a Kolkata court.
She demanded Rs 10 lakh per month from the Indian pacer, which included Rs 7 lakh for personal expenses and Rs 3 lakh for the maintenance of their daughter.