Father of the Narcotics Control Bureau (NBC) zonal officer Sameer Wankhede, Dnyandev Wankhede, has filed an appeal in the Bombay High Court challenging the order of the single judge refusing to restrain state minister and NCP leader Nawab malik from making defamatory statements against him and his family.
Justice Madhav Jamdar on November 22 had observed that Malik’s statements against Sameer Wankhede were “actuated by malice and personal animosity”, but refused to restrain the minister. The order was passed in an application filed by Dnyandev seeking interim restrain on Malik pending hearing in his defamation suit seeking damages of Rs 1.25 crore from the minister.
Aggrieved by the single judge’s order, Dnyandev has filed an appeal before a division bench of the HC.
On Wednesday, Dnyandev’s lawyers – senior Arshad Shaikh and advocates Diwakar Rai and Saurabh Tamhankar – mentioned the appeal before a division bench of justices Shahrukh Kathawalla and Milind Jadhav which is kept for hearing on Thursday.
The appeal contends that if the single judge observed that the statements by Malik on his social media handles were made with malice and animosity, then minister ought to have been restrained from making further comments.
While refusing interim relief to Dnyandev, justice Jamdar had said that the court did not believe that at the present stage the allegations made by Malik against Wankhede were “prima facie, totally false”. However, the court had questioned the timing of Malik's social media posts which started on October 14, after his own son-in-law was arrested by the NCB.
Besides, the court had also said since serious allegations were made by the minister, he should verify before posting.
The court also observed that the allegations were of serious nature which pertained to Wankhede’s official duties; and had even resulted in inquiries being initiated by the Maharashtra government and the NCB against Wankhede, hence, the court said it could not impose a blanket prohibition on the minister.
