Supreme Court orders resolution of Mohammed Shami's estranged wife's plea within a month

The Supreme Court has directed the West Bengal Sessions Judge to swiftly hear and resolve the plea filed by Mohammed Shami's estranged wife. The court emphasized the need for timely action, instructing that if completing the process within a month is unfeasible, the Sessions Judge may modify the stay order.

A bench led by Chief Justice of India DY Chandrachud, along with justices PS Narasimha and Manoj Misra, acknowledged the merit in the wife's petition, noting the prolonged delay in addressing the matter over the past four years.

The court observed that an arrest warrant had been issued against Shami by the Additional Chief Judicial Magistrate in Alipore on August 29, 2019. However, Indian paceman, Shami successfully challenged the order before the Sessions Court, resulting in the suspension of the arrest warrant and the entire criminal trial proceedings on September 9, 2019. Remarkably, the stay order has persisted for the past four years, without any significant progress in the trial.

As a result, the Supreme Court instructed the Sessions Judge to prioritize and conclude the criminal revision within one month. Should this timeframe prove unachievable, the Sessions Judge has been granted the authority to modify the stay order accordingly.

Shami's wife had initially challenged the Sessions Court's order through a petition filed in the Calcutta High Court on March 28, 2023. Unfortunately, her plea to quash the order was dismissed.

In her plea before the Supreme Court, the wife, represented by counsels Deepak Prakash, Nachiketa Vajpayee, and Divyangna Malik Vajpayee, alleged that she had been subjected to dowry demands by Shami. She expressed concern about preferential treatment for celebrities within the legal system, stressing the importance of equality under the law.

The wife voiced her dissatisfaction with the stay order, which has effectively halted the trial for the past four years, severely jeopardizing her rights and interests. She argued that the Sessions Court had acted erroneously and unfairly, granting undue advantage to the accused, thereby violating principles of natural justice and causing significant prejudice against her.

"By an order dated September 9, 2019, the sessions judge passed an order staying the proceedings till November 2, 2019. Stay on trial has continued since last 4 years. Thus we find merit in the plea. We direct the sessions judge to dispose of the proceedings within a month of this order. If this is not possible then dispose of any application filed to lift the stay on trial," the court ordered on Thursday as quoted by Bar and Bench.

The Supreme Court's directive to expedite the plea's disposal brings hope for the resolution of this long-pending case and the resumption of the criminal trial. It reaffirms the court's commitment to a speedy and fair judicial process, regardless of the individuals involved.