Defamation Suit: Bombay High Court Takes Nawab Malik's & Wankhede's Additional Documents On Record, Verdict On Monday

Justice Madhav Jamdar said he will pass an order on November 22 in Wankhede's plea for ad-interim reliefs, to restrain Malik from posting any further defamatory statements against the Wankhedes till disposal of the Rs. 1.25 crore defamation suit.

"Both parties are asked not to produce anything further," Justice Jamdar said in lighter vein.

Malik has alleged that Sameer Wankhede, despite being born a Muslim secured a central government job claiming to be from the Mahar scheduled caste.

He produced a letter by Health Officer of the civic body's E Ward with Wankhede's complete birth details to show that in 1979 Dhyandev's name was Dawood K Wankhede and it was only in 1993 the sub-registrar corrected his name to Dhyandev. Further, Sameer Wankhede's name was registered as 'Muslim'.

He claimed that even though there is a declaration changing Dhyandev Wankhede's name in 1993, there is no change in the religion of the new born.

The others documents include a primary school leaving certificate and admission form of St Josephs School from 1989. As per these documents, Sameer Wankhede's religion is registered as a Muslim and father's name is Dawood Wankhede.

On the contrary, Wankhede produced a certified copy of Sameer's birth certificate issued by the civic body yesterday, with his corrected name, "Dhyandev."

Dhyandev also produced a caste certificate from 1974.

Advocate Arshad Shaikh for Wankhede once again reiterated that he is not Dawood but Dhyandev. "On the day the tweets started he knew it was Dhyandev, why is he still calling me Dawood. Don't call me Dawood," Shaikh said.

He further cited the Delhi High Court judgement against Saket Gokhale which noted that ex-post facto investigation is not permitted.

He pointed out how Malik wrote to BMC on the 13th and the civic body responded the very next day.

On Friday, the court had observed that the highest degree of verification is required from a State Minister and prima facie there are interpolations in Sameer Wankhede's birth certificate uploaded by Malik.

"But the level of verification from a person who is an MLA should be of the highest grade…. According to your own affidavit you are a member of the assembly and the spokesperson of a political party. You should be more careful," the court told Malik.

Advocate Arshad Shakih for the Wankhedes had placed 28 documents on record, including caste certificates, passport, Sameer Wankhede's school leaving certificate etc to show that his name was "Dhyandev" and he was from the Mahar community.

However, Shaikh had said Dhyandev neither has the original nor does he have a photocopy of the contentious birth certificate.

Wankhede's father Dhyandev had filed the suit and sought Rs. 1.25 crore in damages for defaming him and his family, and ad-interim directions to restrain Malik or anyone acting on his behalf from posting anything "defamatory" against them.