Bombay high court notice to Nawab Malik on ‘wilful breach’ of his undertaking – Times of India

MUMBAI: The Bombay high court on Tuesday directed state minister Nawab Malik to file an affidavit, explaining why action not be taken against him for wilful breach of his undertaking not to post or make statements against Dnyandev Wankhede and his son — Narcotics Control Bureau officer Sameer Wankhede — and their family.
“We are prima facie satisfied that undertaking given by him …has been wilfully breached,” said a bench of Justices S J Kathawalla and Milind Jadhav after hearing a plea by senior counsel Birendra Saraf representing Dnyandev Wankhede.
Saraf said Malik had flouted his own promise to the court and had on December 3 given interviews making unwarranted statements against the Wankhede family.
Saraf said, “Is this some kind of joke?” He furnished three print-outs of interviews given by Malik and a post on his social media page on December 3 where he was again reiterating comments about Wankhede’s trip abroad or talking about his actions. The high court said a consent order was passed on November 29 after the respondent —Nawab Malik —agreed through his advocate not to make any posts, comments or give interviews against the Wankhedes.
A statement made by him was accepted as an undertaking by the HC, the bench noted.
Court says Malik appears to have overreached our order
Dnyandev Wankhede’s lawyer Birendra Saraf presented in the Bombay high court a print-out of a post by Nawab Malik on social media reiterating his comments about Wankhede’s trip abroad or talking about his actions.
The HC noted that a consent order was passed on November 29 after Malik agreed not to put any posts, comments or give interviews against the Wankhedes. A statement by him was accepted as an undertaking, the bench noted. Malik has targeted the NCB and its zonal officer Wankhede since a series of high profile raids and arrests where the agency’s action was alleged to be excessive.
Malik’s assurance first on November 25 to the court and reiterated on November 29 as set out in the order has wilfully been breached, said Wankhede’s counsel.
“Our attention is drawn to interviews given by Malik,” said the HC. A query was raised by the court as to whether his statements are in a personal capacity or as a minister. “After taking instructions, we are informed that he has made it as spokesperson of the Nationalist Congress Party,” it said.
During the hearing when the HC raised the query, Malik’s counsel Karl Tamboly initially said he had no instructions. “Who is instructing you. Last time it was his daughter-in-law. Who is there now?” Justice Kathawalla asked. Tamboly said it was the advocate on record (AOR). The judge persisted: “who is instructing the AOR? This is no answer that you have no instructions. Then we will summon him here.” Tamboly said, “Okay, we’ll bring him here.”
Later Tamboly said, “We have instructions he spoke in his capacity as party spokesperson.” The bench asked, “which party?”
The court by then had perused through the Marathi printouts and said, “He (Malik) appears to have overreached our order.” But the HC added, “Before we take any action, we direct him to file an affidavit by Friday to state why no action be taken against him for wilful breach of his undertaking.” The next hearing is on December 10.
On Nov 29, Malik and Dnyandev Wankhede agreed to a truce that the NCP spokesperson would stop making statements against Wankhede, his son NCB zonal director Sameer Wankhede and his family till a single judge decides an interim plea against the allegedly defamatory posts. Wankhede Sr, a retired cop, had appealed against Justice Madhav Jamdar’s Nov 22 order which observed that Malik’s tweets were “actuated by malice” and posted without reasonable verification, but did not restrain Malik as sought. The judge said rights of both sides must be balanced and directed Malik to tweet only after reasonable verification. Wankhede filed an appeal.