Police to file closure report in Atrocities Act case against Nawab Malik; cites lack of evidence

Former NCB zonal director Sameer Wankhede had filed a complaint against Malik under the Atrocities Act.

Mumbai: Mumbai police have informed the Bombay High Court they would file a closure report citing lack of evidence in former NCB zonal director Sameer Wankhede's complaint against senior NCP leader Nawab Malik under the Atrocities Act.

Wankhede had in 2022 lodged a complaint against Malik with the suburban Goregaon police under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Last year, the Indian Revenue Service (IRS) officer moved the court through his counsel, Rajiv Chavan, alleging police inaction on his complaint and sought for the case to be transferred to the CBI.

On January 14, additional public prosecutor S S Kaushik informed a division bench of Justices Revati Mohite Dere and Neela Gokhale that the police investigated the case and have decided to file a 'C-summary report'.

A 'C-summary report' is filed in cases where, after investigation, the police come to the conclusion that there is no evidence and the case is neither true nor false.

Once such a report is filed before the concerned trial court, the complainant in the case can challenge the same, and after hearing all parties, the court can either accept or reject the closure report.

Wankhede, an additional commissioner in the Directorate General of Taxpayer Services (DGTS) and a member of the Mahar Scheduled Caste, had sought for the case to be transferred to the CBI.

The bench, in its order of January 14, a copy of which was made available on Tuesday, disposed of the petition, noting that in view of the police's statement, nothing survives for consideration.

The court, however, said it was open for Wankhede to take appropriate steps before the appropriate forum in accordance with the law.

"Needless to state, we have not gone into the merits of the petitioner's complaint nor the investigation carried out by the police and as such, all contentions of all parties are kept open," the court said.

In December 2024, the high court told the police to probe the case and bring it to its logical conclusion.

The police had then told the court that two more sections had been included in the case, section 3(1) q and r of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

These sections pertain to giving false or frivolous information to any public servant to cause injury or annoyance and to intentionally insult or intimidate a member of a Scheduled Caste or Scheduled Tribe.

Wankhede, in his complaint, had alleged that during interviews and on his social media, Malik made defamatory remarks against Wankhede and his family members based on his caste.

In his petition filed in the high court, Wankhede claimed the police had not carried out any probe in the case to date and sought for the same to be transferred to the CBI.

The IRS officer also sought for the court to monitor the probe.

Wankhede and Malik have been at loggerheads ever since the NCB arrested Malik's son-in-law, Sameer Khan, in a narcotics case in 2021.

Wankhede alleged that after Khan's arrest, Malik launched a sustained campaign to defame and humiliate him and his family on social media and television, targeting their caste and questioning the authenticity of his caste certificate.

The officer had earlier filed a complaint with the Scheduled Caste Commission in October 2021, seeking action against the politician.