district court on Monday stayed an arrest warrant against Indian pacer Mohammed Shami in connection with a case of alleged domestic violence filed by his estranged wife Hasin Jahan.
District and Sessions Judge Rai Chattopadhyay stayed the warrant issued against Shami by the Additional Chief Judicial Magistrate (ACJM) on September 2.
Shami had challenged the ACJM order in the District and Sessions Court.
Shami’s counsel Sheikh Salim Rahaman said that it was pleaded before Judge Chattopadhyay that after filing of chargesheet in a case, the magistrate has to issue summons against the accused.
Rahaman claimed that failing to appear before a court on summons may invite a warrant being issued by the magistrate.
He claimed that the ACJM had instead of issuing the summons, issued a warrant of arrest against Shami.
The ACJM had issued the arrest warrant against cricketer Shami, saying he should surrender within 15 days of returning to the country. Shami was on the West Indies tour with the Indian cricket team when the warrant was issued.
Taking note that the pacer was away on ‘national duty’, the ACJM had kept in abeyance execution of the warrant till 15 days after his return to the country, according to Rahaman.
The ACJM had directed that Shami would have to surrender before the court within 15 days of returning to India, failing which the arrest warrant would be executed against him.
Jahan had filed the case of domestic violence against Shami and some of his family members in early 2018.