Mumbai Police to file closure report in SC/ST case filed by Sameer Wankhede against Nawab Malik

The Mumbai Police recently informed the Bombay High Court that it intends to file a closure report in the case filed by former Narcotics Control Bureau (NCB) zonal director Sameer Wankhede against NCP leader and former minister Nawab Malik under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) (SC/ST Act) [Sameer Wankhede v State of Maharashtra]..Additional Public Prosecutor SS Kaushik informed a Bench of Justices Revati Mohite Dere and Neela Gokhale that the police had completed their investigation and would submit a “C-summary report” to the magistrate court in connection with the 2022 case since there is lack of evidence to proceed with the matter.Wankhede had earlier approached the court, requesting that the investigation into the case be transferred to an independent agency such as the Central Bureau of Investigation (CBI). This was in relation to the complaint he had filed against Malik in August 2022 under the SC/ST Act. In an order passed on January 14, which was made available late on Monday, the court disposed of Wankhede’s petition, noting that “in view of the police’s statement, nothing survives for consideration.” However, the bench clarified that Wankhede could still pursue other legal remedies. “Needless to state, we have not gone into the merits of the petitioner’s complaint nor the investigation carried out by the police, and all contentions of all parties are kept open,” the Court observed..Wankhede, who belongs to the Mahar Scheduled Caste, alleged that Malik initiated a prolonged campaign to defame him and his family following the arrest of Malik’s son-in-law, Sameer Khan, in a drug-related case. Wankhede claimed that Malik targeted his caste and questioned the validity of his caste certificate, causing him significant mental distress.Despite a High Court order in a defamation case against Malik, which prohibited him from making defamatory remarks, he continued to violate the restraining order, Wankhede alleged. He also questioned the authenticity of Wankhede's caste certificate as recently as October 27, 2024.A caste scrutiny committee had earlier validated the authenticity of Wankhede's certificate in a 91-page report, which Wankhede referenced in his petition.Wankhede further pointed out in his petition that crucial provisions of the SC/ST Act had not been included in the FIR, despite multiple reminders to the Goregaon Police. He also contended that despite the gravity of the allegations, Malik had not been arrested and the chargesheet had not been filed, prompting his request for a CBI investigation..Senior Advocate Rajiv Chavan instructed by advocate Sana Raees Khan appeared for Wankhede.Additional Public Prosecutor SS Kaushik appeared for the State..[Read Order]