[SC/ST Act] Bombay High Court stays summons issued to Nawab Malik on complaint by relative of Sameer Wankhede

The Nagpur Bench of Bombay High Court on Friday stayed the summons issued by the Washim Sessions Court in Maharashtra against State minister Nawab Malik in a complaint filed by paternal brother of Narcotics Control Bureau (NCB) zonal director Sameer Wankhede..The complainant, Sanjay Wankhede had accused Malik of offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act contending that Malik had insulted the entire Wankhede family through his statements on social media alleging Wankhede belonged to the Muslim community.He apprised the Sessions Court that Malik had created enmity and negative thinking against him in public and that made out an offence under the Prevention of Atrocities Act.Based on these submissions, the Sessions Court issued summons to Malik, who then approached the High Court against the same. In the plea filed through advocate Jagvijay Singh Gandhi, Malik sought quashing of the order issuing process against him.In his petition, Malik stated that Wankhede had failed to show in his complaint how Malik had abused or insulted him on the basis of caste..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 government services, Malik contended."Therefore, such type of information to the superior authority, is not with intention to cause injury or annoyance but to conduct the inquiry as to whether the caste certificate produced by Samir Wankhade can said to be valid,” the plea said..The plea further stated that Wankhede himself did not approach any forum under the atrocities act.It further stated that under criminal law, the aggrieved person can approach the Court which has jurisdiction over the place where the cause for grievance has arisen.Admittedly, Malik neither made a statement in Washim nor did he visit the place.Hence, the plea stated that the complaint was without jurisdiction and no cognizance could be taken.“It appears that either in collusion with Sameer Wankhede and his father or in order to cause harassment annoyance to Malik, his paternal brother filed this application before Washim court,” the plea stated..Till the pendency of the petition, Gandhi prayed for the order to be stayed by the High Court.After hearing the petitioner briefly, Justice Rohit B Deo granted a stay on the summons and posted the petition for hearing after the Christmas vacation..[Read order]