The clean chit to Aryan Khan, son of Bollywood superstar Shah Rukh Khan, in the Mumbai drugs bust case has opened a Pandora’s Box, has not only altered the course of investigation but also brought back the limelight on the spat between Sameer Wankhede, the disgraced, former chief investigator in the case, and ex-NCP minister Nawab Malik who had pulled out all stops to wage a lonely battle against Wankhede.
Malik, who is now in jail after being arrested by the Enforcement Directorate in a separate case earlier this year, had levelled multiple allegations against Wankhede during the course of the probe. Of these, one of the most serious ones was that the officer had illegally benefited from the government’s action policy for Dalits.
The former minister charged that since Wankhede was raised as a Muslim, he was not eligible for the 15 per cent reservation for Scheduled Castes (SCs) in government jobs.
What was the charge?
Malik alleged that Wankhede’s father — Dnyandev Kachru Wankhede — belonged to the Scheduled Castes before he married the NCB officer’s mother, Zaheeda Begum.
Malik also released the birth certificate of Sameer Wankhede — who was born in 1979 — which recorded his father’s name as Dawood K Wankhede.
Claiming that Sameer Wankhede was raised as a Muslim, and remained so when he married in 2006, Malik released an alleged ‘nikahnama’ — the document on which two Muslim partners entering into a civil union must sign to legalise their marriage. The ‘nikahnama’ too showed the officer’s name as Sameer Dawood Wankhede.
What is the quota debate?
According to Malik, Sameer Wankhede was selected in the Civil Services Examination (CSE) under the SC quota to which he was not entitled.
According to the website of the Department of Personnel and Training (DoPT), Wankhede was ranked 561st in CSE 2007. He was selected as a candidate from the SC category, and became an officer of the 2008 batch of the Indian Revenue Service (Customs and Indirect Taxes), the Indian Express reported.
So, was Wankhede not eligible for the quota?
While there is a 15 per cent quota for SCs in government jobs, Hindu Scheduled Castes, who convert to Islam, lose their SC status and are no longer eligible for reservation.
This is also clarified on the DoPT site, which says: “A person shall be held to be a member of a Scheduled Caste or Scheduled Tribe if he belongs to a caste, or a tribe which has been declared as such…
“No person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of the Scheduled Castes…” (On STs, see below.)
Further, “A person belonging to a Scheduled Caste or Scheduled Tribe will continue to be deemed as such irrespective of his/her marriage to a non-Scheduled Caste/Scheduled Tribe.”
However, “A convert or re-convert to Hinduism and Sikhism shall be accepted as a member of Scheduled Caste if he has been received back and accepted as a member of the concerned Scheduled Caste.”
Nod to Hindus & Sikhs But Not Muslims & Christians?
In 2004, the Centre for Public Interest Litigation challenged the legality of the provision by which people professing and converting to religions other than Hinduism, Sikhism, and Buddhism were deprived of reservation benefits.
In January 2020, the SC agreed to examine a plea by the National Council of Dalit Christians to make the government’s affirmative action programmes religion-neutral. The plea is pending before the court.
What if Wankhede’s caste certificate is found fake?
A DoPT circular of May 19, 1993 says: “Wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc… or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service…
“If he/she has become a permanent Government Servant… if the charges are proved, the Government servant should be removed or dismissed from service.”
In case his certificate is found to be fake, Sameer Wankhede may face an inquiry, and may even be dismissed.
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