Despite assuring the Bombay High Court that he would refrain from making any statement against NCB zonal officer Sameer Wankhede and his family, state minister and NCP leader continues to make defamatory statements against the Wankhedes.
On Monday, Birendra Saraf, counsel for Dnyandev Wankhede, informed a division bench of justices Shahrukh Kathawalla and Milind Jadhav that Malik has continued his statements against Dnyandev’s family. “Despite the assurance to the court which was reflected in the court order, Respondent (Malik) continues to make statements against Wankhedes,” said Saraf.
The HC then kept the matter for hearing on December 6 (Tuesday). Earlier, following Malik’s assurance, the HC had adjourned the matter for hearing after January 3, 2022.
On November 29, the HC had quashed and set aside the November 22 order of the single judge that refused to restrain the minister from making defamatory statements against Wankhedes. At the time, Malik had agreed that he will not post anything on social media against the Wankhedes till the disposal of the defamation suit filed by Dnyandev.
The HC had asked Malik to file his detailed reply to Dnyandev’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 was then asked to rehear the matter within 12 weeks of filing of the rejoinder.
The HC had noted in its order: “The statement by respondent (Malik – on posting anything against Wankhedes online) shall continue pending disposal of the final order in the interim application.”
Although Justice Madhav Jamdar’s (the single judge) order on November 22 was in Malik’s favour as it did not pass any restraining orders against him, the minister had proposed quashing of the same as it had many adverse observations against him as well. Justice Jamdar had observed that the minister’s statements “actuated out of malice and animosity”.
Dnyandev had 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 has claimed that Malik started a smear campaign against his family after his own son-in-law was arrested by the NCB in a drugs case.