Mumbai: Expressing annoyance at the repeated statements being made state minister Nawab Malik against former Narcotics Control Bureau (NCB) zonal director Sameer Wankhede and his family, the Bombay High Court has sought the NCP leader’s reply on the contempt plea by Dnyandev Wankhede, Sameer’s father.
A division bench of justices SJ Kathawalla and Milind Jadhav on Thursday asked Malik to file his affidavit in response to Dnyandev’s plea seeking contempt action against the minister for “wilfully breaching” undertaking given to court and making defamatory statements against Wankhedes.
Despite the undertaking, Malik had made defamatory statements, for which he was pulled up by the court on December 7, 2021. He had then tendered an unconditional apology which was accepted by the court.
The court had, however, granted liberty to Malik to make statements pertaining to Sameer Wankhedes’ discharge of official duties thereafter.
According to Dnyandev, the order had been breached by Malik as recently as January 2, 3. “Despite the undertaking given to this court…, the respondent (Malik) continued in early December 2021 to make public statements against the petitioner and/or his family members,” said Dnyandev.
Biren Safar, Dnyandev’s counsel, pointed out to the court statements made by Malik early last month which mentioned Sameer’s caste certificate and Aryan Khan drug case. “These are not issues pertaining to discharge of his (Sameer’s) official duties thereafter (after the undertaking given by Malik),” said Saraf.
Saraf added: “It is all about the past. His statements say – illegal license, fake caste certificate and Aryan Khan drug case. These all (incidents) took place before he had given the undertaking to the court. Hence we want contempt proceedings should be initiated against him.”
Malik’s counsel Ramesh Dube said that they wanted to file their reply to this plea. “We want to file affidavit to show that these statements fall within the concessions.”
Irked, justice Kathawalla said that if the minister was to misuse the concession in such a manner then the court will withdraw it. “If you take concession with this intention, then we will withdraw the concession. Directly or indirectly, you (Malik) want to defame the man (Wankhede). What is your intention?”
The judge remarked that Malik could have just used “caste certificate” instead of “Fake caste certificate” while giving details about his complaint against the officer before the Caste Scrutiny Committee.
“Say caste certificate. Why do you need to say fake caste certificate? We will give you (Malik) a chance to reply but don’t do this,” said Justice Kathawalla.
The HC has asked Malik to file his reply and kept the matter for hearing on February 7.
