Following a petition filed on November 21, 2024, by the former zonal director of the Narcotics Control Bureau (NCB), Sameer Wankhede, the Bombay High Court on Thursday [November 28, 2024], issued a notice asking the concerned police officer to update details of the probe into a case registered against NCP leader Nawab Malik under the Atrocities Act.
A Division Bench of Justices Revati Mohite-Dere and Prithviraj K. Chavan asked the concerned Goregaon police officer to appraise the court about the investigation within two weeks and to remain present in the court on the next hearing date along with the case diary.
The 43-year-old, additional commissioner in the Directorate General of Taxpayer Services, Mr. Wankhede, who also belongs to the Mahar Scheduled Caste, Mr. Wankhede, has alleged that the police inaction has caused him and his family a severe mental distress and humiliation.
In his petition through advocate Sana Raees Khan, has alleged, “The lackadaisical approach of the police machinery has caused grave injustice to the pain and mental distress suffered by the petitioner and his family members on being humiliated and defamed based on their caste and race. Therefore, the petitioner is seeking transfer of the investigation to an independent investigation agency and / or court-monitored investigation on the following amongst other grounds which are urged without prejudice to one other.”
The petitioner stated that he is an Indian Revenue Service officer and has diligently dedicated his life working for the betterment of his country by mandating and upholding the law and order in the country.
In August 2022, Mr. Wankhede lodged a formal complaint against Mr. Malik under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act at the Goregaon police, accusing him of making remarks about his caste during press interviews and on social media.
The petition further claims that after Mr. Malik’s son-in-law, Sameer Khan, was arrested in a drug case in 2021, Mr. Malik ran a campaign to defame Mr. Wankhede and his family members. Following this, Mr. Wankhede’s petition claims that he had filed a complaint with the Scheduled Caste Commission and also issued a defamation suit against Mr. Malik. However, Mr. Malik has neither been arrested in the case nor has any chargesheet been filed to date.
A suit has also been filed against the accused [Mr. Malik] at the instance of the father of the petitioner before the High Court whereby vide an interim application, an interlocutory order was passed restraining the accused from uttering any defamatory word against the petitioner and his family members. However, the accused didn’t adhere to the order passed by the High Court due to which a contempt petition was also filed against the accused.
In 2021, Mr. Wankhede’s father had filed a defamation suit in HC against Mr. Malik and the court had then directed the leader from the NCP, headed by Maharashtra Deputy Chief Minister Ajit Pawar, to desist from making any further remarks. “With his muscle power, influence and money power is controlling the state police machinery and continues to commit further offence,” Mr. Wankhede said in the petition.
Published – November 29, 2024 10:53 am IST