The Bombay High Court has quashed and set aside November 22 order of the single judge of the HC which refused to restrain state minister and NCP leader Nawab Malik from making defamatory statements against Narcotics Control Bureau zonal officer Sameer Wankhede and his family.
On Monday, a division bench of justices Shahrukh Kathawalla and Milind Jadhav set aside the order after zonal director’s father Dnyandev agreed for quashing of the order by consent as proposed by Malik. Meanwhile, the recorded Malik’s statement that he will not post anything on social media against the Wankhedes till the disposal of the defamation suit.
The HC has asked Malik to file a detailed reply to Wankhede’s suit seeking interim restrain against him by December 9.
Dnyandev has been asked to file rejoinder affidavit (additional affidavit) by January 3, 2022.
The single judge has been asked to rehear the matter within 12 weeks of filing of the rejoinder.
“Statement by respondent (Malik – on posting anything against Wankhedes online) shall continue pending disposal of final order in interim application,” noted the HC in its order.
Although the single judge’s order was in Malik’s favour as it did not pass any restraining orders against him, the minister had proposed quashing of the same since it had many adverse observations against him as well.
On November 22, justice Madhav Jamdar had refused to restrain Malik from making statement against Wankhedes but had observed that the minister’s statements “actuated out of malice and animosity”.
Hence, Malik filed an application before the division bench and suggested that justice Jamdar’s order be quashed and the matter be reheard by a single judge bench.
Birendra Saraf, Dnyandev’s counsel told the HC on Monday that they were consenting to quashing of the single judge’s order.
Accordingly, now Dnyandev’s defamation suit will be reheard by a single-judge to decide on passing restraining orders against Malik.
Dnyandev filed defamation suit against Malik and sought damages to the tune of Rs 1.25 crore for posting defamatory posts against him and his family. He’s claimed that Malik started a smear campaign against his family after the minister’s son-in-law was arrested by the NCB for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Malik has alleged that Sameer Wankhede was born a Muslim but falsely claimed to belong to scheduled caste to secure his central government job.
