Nawab Malik Apologizes To Bombay High Court For Violating Undertaking To Not Make Statements Against Sameer Wankhede Family

The division bench of Justices SJ Kathawalla and Milind Jadhav accepted the apology in the defamation suit filed by the NCB officer's father Dnyandeo Wankhede.

The bench recorded a fresh undertaking by Malik about not commenting on the Wankhedes with a rider that the statement would not bar him from speaking out against the political misuse of central agencies and their officers.

"I however believe my statement would not prevent me from commenting on the political misuse of central agencies and the conduct of their officers in the course of performance of their official duties hereafter," the statement reads.

Malik was represented by Senior Advocate Aspi Chinoy while Dnyandeo Wankhede was represented by Senior Advocate Birendra Saraf.

On Tuesday, the bench had observed that State Cabinet Minister Malik had prima facie "wilfully breached" his undertaking to the court, and sought an affidavit explaining his stand. The court was adjudicating a plea filed by Wankhede bringing to the court's notice certain interviews by Malik.

In the affidavit to the division bench tendered on Friday, Malik states that he was not aware that his earlier undertaking would cover responses to questions asked to him in an interview. "I Accordingly state that hereafter even if any further questions are posed to me by the media in respect of the Appellant or members of the Appellant's family, I shall not respond thereto or make comment thereon...", his statement read.

Wankhede's application was disposed off accordingly.

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

A single bench of Justice Madhav Jamdar had refused ad-interim relief to Dnyandeo to restrain Malik from making statements against the Wankhedes.

The single judge, however, observed that Malik had not verified the posts and that his statements appeared to be driven by malice.

Dnyandeo approached the division bench of Justice Kathawalla against this last month. During the first hearing, the court came down heavily on Malik after the single judge's observations were pointed out. During this hearing on November 25, 2021, Malik undertook not to post further defamatory tweets till the next date.

However, on November 29 the parties agreed to quash the ad-interim order by consent.

After the consent order, certain statements were made by Malik constraining Wankhede to approach the court again, this Tuesday.