December 2, 2021

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Bombay HC refuses interim relief to Sameer Wankhede’s father against Malik, in defamation case

The Bombay High Court on Monday refused to grant any ad-interim relief to Dhyandev Wankhede, father of Narcotics Control Bureau (NCB) officer Sameer Wankhede, who had approached the court to restrain the state cabinet minister Nawab Malik from making any public statement or post tweets targeting his son or family members.

Justice MJ Jamdar, while refusing to grant any interim relief observed that Maharashtra cabinet minister Malik has raised ‘very important issues’ and now has directed Maharashtra cabinet minister Malik to file his response in the case within two weeks and has posted the matter for further hearing to December 20.

“It cannot be said that Defendant (Malik) has acted after a reasonable verification of the facts, however, at this prima facie stage and on the basis of material on record, it cannot be said that allegations made by Defendant are totally false,” said Justice Jamdar in his order.

The court noted that the factual position on record shows that Defendant (Malik) has raised very important issues concerning the acts and conduct of Plaintiff’s son – Sameer Wankhede who is a public official.

The court also observed in its 50-page order that, “Although the Plaintiff (Wankhede) is not entitled for blanket injunction as sought, however, when particularly it is in the facts and circumstances of this case prima facie found that the Defendant’s (Malik’s) actions are actuated by malice or personal animosity it is necessary that the Defendant be directed to publish writing, speaking with media …which is defamatory of the Plaintiff and/or his family members only after carrying out reasonable verification of the facts.”

On November 5, Sameer Wankhede’s father, Dnyandev had filed a defamation suit against Malik seeking to restrain the NCP leader from posting any allegedly defamatory statements against him and his family on social media and also sought damages worth Rs 1.25 crore.

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