MUMBAI: Maharashtra Skill Development Minister Nawab Malik on Friday moved the Bombay High Court for public remarks despite not posting anything about or saying anything against the zonal director of the Narcotics Control Bureau (NCB). Apologised. Sameer Wankhede and his family till the interim order is passed by the court.
HC Bench of Justice SJ storyteller And Milind Jadhav On December 7, Nationalist Congress Party (NCP) spokesperson Malik was directed to file an affidavit explaining to him why no action should be taken against him. Prima facie Willfully violated its undertaking of November 25 and 29 in a defamation suit filed by Gyandev Wankhede, retired police officer and father of Sameer Wankhede.
In his affidavit, Malik said, “I had no intention of disrespecting, disrespecting, exaggerating or violating the said orders.”
The division bench accepted Malik’s apology in the affidavit given through his senior counsel Aspi Chinoy.
He said that none of the three statements he cited as violations were press statements issued by him, but were “reactions during interviews with reporters … to specific questions”. “I have since been advised that the ‘undertaking will also cover any answers to specific questions and will not respond to any answers I make in the future. Political abuse of agencies and conduct of their officers in the course of their duties”.
When senior advocate Birender Saraf, appearing for Wankhede, was asked what he had to say about the affidavit of apology, he said the new undertaking could be changed to say that he would be required to perform the duties “after”. cannot be stopped. The court agreed and the undertaking was changed to say, “However, I believe that my statement will not preclude me from commenting on the political abuse of the central agencies and the conduct of their officers in the performance of their official duties.”
Diwakar Rai, the counsel for Saraf and Wankhede, said that Malik cannot talk about Wankhede’s past actions.
Justice Kathawalla said that Malik “will not speak about this officer… He is a minister, he is not an ordinary person.” Chinoy said Malik would not speak about Wankhede’s family or the holiday or what happened earlier but as an officer, Malik has the right to comment on his future professional performance.
Wankhede had filed an appeal against Justice’s November 22 order Madhav Jamdar On his plea to stop Malik from tweeting and posting public, his family defamed him. Justice jamdari had observed that Malik’s tweets were “maliciously motivated” and posted without proper verification, but did not impose a “blanket” restraining order on him as demanded.
Instead a single judge bench had said that the fundamental rights of both the parties should be balanced and directed Malik to tweet in future only after due verification. By a consent order on November 29, Justice Jamdar’s interim order was set aside and Malik had promised not to post or comment against Wankhede.
HC Bench of Justice SJ storyteller And Milind Jadhav On December 7, Nationalist Congress Party (NCP) spokesperson Malik was directed to file an affidavit explaining to him why no action should be taken against him. Prima facie Willfully violated its undertaking of November 25 and 29 in a defamation suit filed by Gyandev Wankhede, retired police officer and father of Sameer Wankhede.
In his affidavit, Malik said, “I had no intention of disrespecting, disrespecting, exaggerating or violating the said orders.”
The division bench accepted Malik’s apology in the affidavit given through his senior counsel Aspi Chinoy.
He said that none of the three statements he cited as violations were press statements issued by him, but were “reactions during interviews with reporters … to specific questions”. “I have since been advised that the ‘undertaking will also cover any answers to specific questions and will not respond to any answers I make in the future. Political abuse of agencies and conduct of their officers in the course of their duties”.
When senior advocate Birender Saraf, appearing for Wankhede, was asked what he had to say about the affidavit of apology, he said the new undertaking could be changed to say that he would be required to perform the duties “after”. cannot be stopped. The court agreed and the undertaking was changed to say, “However, I believe that my statement will not preclude me from commenting on the political abuse of the central agencies and the conduct of their officers in the performance of their official duties.”
Diwakar Rai, the counsel for Saraf and Wankhede, said that Malik cannot talk about Wankhede’s past actions.
Justice Kathawalla said that Malik “will not speak about this officer… He is a minister, he is not an ordinary person.” Chinoy said Malik would not speak about Wankhede’s family or the holiday or what happened earlier but as an officer, Malik has the right to comment on his future professional performance.
Wankhede had filed an appeal against Justice’s November 22 order Madhav Jamdar On his plea to stop Malik from tweeting and posting public, his family defamed him. Justice jamdari had observed that Malik’s tweets were “maliciously motivated” and posted without proper verification, but did not impose a “blanket” restraining order on him as demanded.
Instead a single judge bench had said that the fundamental rights of both the parties should be balanced and directed Malik to tweet in future only after due verification. By a consent order on November 29, Justice Jamdar’s interim order was set aside and Malik had promised not to post or comment against Wankhede.
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