Mumbai: NCP Leader Nawab Malik broke the order of Bombay High Court, on the Wankhede Case, and hence the Bombay High Court has demanded an affidavit from him explaining why no action should be taken against him. Justice Milind Jadhav observed that Malik’s statements in the Marathi newspaper were ‘quite serious.’ “What is this, he is trying to impinge our order….,” the Court asked.
The court then said it was prima facie satisfied that the undertaking given to it was breached. The bench sought Malik’s explanation and posted the matter for December 10, Friday.
The court had ordered him not to make any statements against Dnyandeo Wankhede and his family, including NCB officer Sameer Wankhede. On Tuesday, Senior Advocate Birendra Saraf for Dnyandeo informed the court that despite undertaking not to make statements against the Wankhedes on November 25, Malik had given interviews earlier this month.
A division bench of Justices SJ Kathawalla and Milind Jadhav sought an explanation from Malik in the form of an affidavit by Friday. “Before we take any action against Nawab Malik, we direct him to file his affidavit setting out as to why action should not be taken against him for willful breach of statements/undertaking [to the court],” the court said.
He submitted that the single judge’s order was set aside by this court with the consent of both parties. Malik had undertaken not to make public statements against the Wankhedes till Dnyandeo Wankhede’s interim application in the defamation suit was decided, he said. “There was an order with express findings of malice. They got the findings set aside saying they won’t speak [against the Wankhedes] anymore. Is this some kind of joke?”, Saraf said.
He pointed out interviews and posts after the High Court order from November 29.
After perusing the orders, Justice Kathawalla asked if Malik’s statements were in his personal capacity or not. In response, Advocate Karl Tamboly for Malik said the statements were made in his capacity as the official spokesperson of the Nationalist Congress Party (NCP).
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