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Synopsis

The Supreme Court today issued notice in Hasin Jahan, wife of Indian Cricketer Mohammad Shami's plea, assailing the judgment of the Calcutta High Court dismissing her plea for quashing the stay order passed by the Sessions Judge, South 24 Parganas in the case filed by her against Shami under Sections 498A and 354 of the Indian Penal Code. 

A CJI Chandrachud led bench issued notice in the plea and directed that the same be listed with the related petition.

However, the bench also comprising Justices Narasimha and Pardiwala refused to implead Shami.

Notably, the SLP also raises an important concern that there shall not be any special treatment for celebrities under law.

In the petition filed under Article 136, Court has been told that Shami has been having illicit extra-marital relations and was engaged in sexual activities with prostitutes, while being on tour, especially during his BCCI tours, in the hotel rooms provided by the BCCI even till the present day.

Shami used to use his second mobile phone to manage all his affairs in relation to prostitutes and the said phone was seized by the Lal Bazaar Police, Kolkata, in connection with the present crime, the plea adds.

Moreover, it is Jahan's case that while Shami had filed an application for stay of the arrest warrant issued against him by the Judicial Magistrate, the Sessions Court granted an order of stay not only against the arrest warrant but on the trial as well, which was neither prayed nor pleaded for.

Arguing that such stay in the favour of the accused person is bad in law and has caused a grave prejudice to a victim of illegal act of brutal assault and violence, the petition states that Shami has been granted a one-sided undue advantage and being treated on a special pedestal.

"Criminal Trial in the present case has been stayed for the past 4 years, without any just circumstances,..... the Ld. Sessions Court acted in an erroneous and biased manner, by virtue of which the rights and interests of the Petitioner have been severally jeopardized and prejudiced...", the plea states.

In light of such submissions, a stay on the impugned judgment of the High Court has also been prayed for.

Case Title: Hasin Jahan vs. Union of India