Mumbai : The Bombay High Court on Monday ordered NCP Spokesperson and Maharashtra Minister Nawab Malik to file an affidavit in response to the defamation suit filed by NCB official Sameer Wankhede’s father.
The Vacation bench of justice Madhav Jamdar has asked Maharashtra Minister Nawab Malik to file the affidavit by Tuesday and posted the matter for further hearing on Wednesday.
“You (Nawab Malik) file your reply by tomorrow. If you can reply on Twitter, you can reply here also,” Justice Jamdar said, without passing any order restraining Malik from making any further statements against the plaintiff (Dhyandev Wankhede).
Advocate Arshad Shaikh appearing for Wankhede agreed that while it was important for replies to be filed in defamation matters, Malik could in the meanwhile make a statement to not put up anything defamatory on any media till the matter is heard by the High Court.
“Everyday something or the other is posted hence I am here. Today morning only Malik put a tweet supposedly about Sameer Wankhede’s sister-in-law,” Shaikh submitted.
Senior Advocate Atul Damle appearing for Malik, stated that he had not got any instructions from his client to make any statements or give undertaking in court. Further he raised demurrer on maintainability of the suit by pointing out that the suit filed by the father was to raise grievances on behalf of his son and daughter.
He sought for 2-3 more days to file reply to the suit.
The suit filed by Dhyandev Kachruji Wankhede, father of Wankhede has sought damages to the tune of ₹1.25 crores for making defamatory statements.
The suit arose after Malik shared Wankhede’s purported birth certificate on his twitter handle which allegedly stated that Wankhede’s father was a Muslim.
In the suit, Dhyandev Wankhede, the Plaintiff, claimed that the tirade against his son started only after Malik’s son-in-law Sameer Khan was arrested by NCB in January this year under NDPS Act.
Plaintiff alleged that remarks, insinuation either oral or written, and interviews with Wankhede’s family members and with Malik were “tortious and defamatory”.
“Defendants have caused irreparable loss, damage, harm, prejudice to the name, character, reputation and societal image of Plaintiff and his family members,” the plea said.
The suit filed through Advocates Divakar Rai and Saurabh Tamhankar sought the following prayers:
- Order declaring that statements made by Malik are “tortious and defamatory in nature”;
- Order of permanent injunction restraining Malik from publishing or making statements in any kind of media, including his social media accounts;
- Directions to Malik to delete any statements, press releases, tweets released by Malik;
- Directions to pay damages to the tune of ₹1.25 crore for allegedly making defamatory comments against his son and his family in press conferences and on his social media account.
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