The Bombay High Court has sought an explanation in the form of an affidavit from NCP minister Nawab Malik for the wilful breach of his undertaking where he had agreed not to post or make any statements against Sameer Wankhede and his family members in the public till the nest hearing.
The Court has directed Nawab Malik to give reasons in the affidavit stating why the Court should not take any action against him after the breach of his undertaking.
After hearing a plea made by Dnyandev Wankhede’s counsel Birendra Saraf regarding the breach of the undertaking on December 3, the bench of Justices SJ Kathawalla and Milind Jadhav said, “We are prima facie satisfied that the statement made by Malik has been willfully breached by him. Before we take any action, we order him to file an affidavit stating why action should not be taken against him for wilfully breaching the statement.”
Dhyandev Wankhede had notified the division bench about the violation of the court’s order by Nawab Malik on three instances to which Justice Kathawalla asked, “Is he(Malik) saying this in his capacity as a minister or in his individual capacity. If it is in his individual capacity, we will call him here right now.” Justice Jadhav added, “What Malik has said on December 2, he had no business saying this. He is trying to over-reach the order of the high court. He is saying that what we have said is wrong. What is this?”.
Nawab Malik’s advocate Karl Tamoly had initially suggested that the statement were made by Malik in an individual capacity which was later clarified. Tamoly said, “I have taken instructions, he spoke as a spokesperson for the NCP party.”
Notably, Sameer Wankhede’s father Dhyandev Wankhede had filed a defamation suit against Nawab Malik in the Bombay High Court after the NCP minister levelled serious allegations against Wankhede and made derogatory comments against his family and relatives. Justice Madhav Jamdar observed that Malik had been tweeting with malice after his own son-in-law was arrested by Sameer Wankhede. The Court had restricted Nawab Malik from making any more comments against Wankhede and his family till December 9.