Bombay HC Stays Proceedings Against Nawab Malik In Complaint Filed Under SC/ST Act By Sameer Wankhede's Cousin

A division bench of Justice R. B. DEO stayed the special court's order in a quashing application filed by Malik under article 482, claiming that Sameer's cousin's complaint was neither supported by an affidavit nor did the court have jurisdiction to issue notice to him.

The court has sought the cousin's response and posted the matter for hearing beyond Christmas vacations.

Sameer's cousin Sanjay Wankhede filed a criminal application for an FIR u/s 156(3) of CrPC before the District and Addl. Sessions Judge, Washim, alleging offences under Sec. 3[1][q], [r], [u] of the Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Act, 1989.

Notice was issued against Malik the very next day, on December 4.

Sanjay said that his entire family belongs to Mahar scheduled caste. However, Malik has made false allegations against Sameer of belonging to the Muslim community and to him by extension. This "false information" has caused great loss to him and their family. He further took exception to the family being called "bogus."

"That this insult was deliberate and Samir Wankhade and his 6 family members were addressed as belongs to Muslim and thereby insulted them and therefore it is an offence under Sec. 3[1][r] of the Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Act, 1989."

Moreover, by publicly making such allegations, the applicant has created the public's enmity and bad thinking. "All these allegations are published via media so that they shall be heard and seen by the general public. Thereby it is clear that the rumour is spread in the public that the Respondent No. 1 and his family belongs to Muslim Community and not belongs to caste Mahar and thereby insulted them."

Based on this complaint, the judge issued notice to Malik on December 4, 2021. Malik has challenged the proceedings before the Nagpur Bench of the Bombay High Court on the following grounds.

1. Judge, has not examined the contents of the application, which is submitted under Sec. 156[3] of Code of Criminal Procedure.
2. It is pertinent to note that in application it is not described how Malik has abused or insulted Samir Wankhade on his caste. As such, the provisions of the Atrocity Act are not attracted to take the cognizance.
3. The Misc. Criminal Application submitted by Sanjay does not disclose the basis on which he has come to the conclusion that Malik presented the false or frivolous information to attract sections of the Atrocities Act.

"It is the fundamental right of every citizen guaranteed under Article 19 which provide freedom of expression. It is the duty of every citizen to inform to the superior authorities if it is found that some person has on the basis of false caste certificate procured the Govt. services."

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