The Bombay High Court on Monday quashed and set aside the order refusing to restrain Maharashtra Cabinet Minister Nawab Malik from making defamatory statements against Sameer Wankhede, Narcotics Control Bureau’s zonal director and his family.
A division bench of justices SJ Kathawalla and Milind Jadhav recalled the order passed by Justice Madhav Jamdar. This was done after Sameer Wankhede’s father Dhyandev and Mr. Malik consented that the order be recalled. Both the parties agreed that Mr. Wankhede’s grievances against the minister be heard afresh in an interim application filed by him.
Senior advocate Birendra Saraf appearing for Mr. Wankhede told the bench that the Court may record that both parties are consenting to quash the order passed on November 22. The Court allowed Mr. Malik to file a fresh affidavit in the interim application in the defamatory suit filed by Mr. Wankhede by December 9. Mr. Wankhede will then file a rejoinder by January 3 and the matter will be heard by the same bench of justice Madhav Jamdar and completed in 13 weeks, the Court directed.
Meanwhile, the Court directed that Mr. Malik will not make any public statements or use social media against the Wankhedes. Last week, the bench had said Mr. Malik’s tweets against Mr. Wankhede did seem to be a clear case of malice and logically he should be restrained from making such comments.
The order which has been quashed read, “Right to privacy is implicit in the right to life and liberty. Public has the right to comment on the life of a public officer, but that has to be done with reasonable verification. These are only prima facie observations. The defendant (Mr. Malik) has raised pertinent issues against the plaintiff (Mr. Wankhede). It cannot be said that the allegation pertaining to name cannot be false. It cannot be said that the defendant has acted with reasonable malice.”
