Maharashtra Minister Nawab Malik on Friday tendered ‘unconditional apology’ to the Bombay High Court for ‘breaching’ his undertaking to the court that he would refrain from making statements against Dhyandev Wankhede, father of NCB zonal director Sameer Wankhede, and his family members.
In an affidavit filed by him in response to an explanation sought from him on December 7 as to why a contempt of court notice should not be issued against him for deliberately breaching his assurance to the court, Malik tendered an “unconditional apology” to Justice S. J. Kathawalla and Justice Milind Jadhav for breaching an undertaking given to the court.
“I tender my unconditional apology to this Honourable Court in respect of the breaches of my undertaking given to this Court as recorded in the orders dated November 25 and November 29, 2021. I had no intention to disrespect, dishonour, overreach or breach the said order,” Malik said.
Malik told the court that the statements were made during the course of media interviews with journalists on several topics over a considerable period of time. He said that the journalists had asked him some specific questions and in response he had made such statements
The Minister said that the responses given by him during the course of interviews were made with a belief that they were not covered by the undertaking given by him to the High Court.
Malik, however, told the court in his affidavit that henceforth during the pendency of the defamation suit against him that “even if further questions are posed to him by the media in respect of Dhyandev Wankhede or his family, he shall not respond or give any comment on it."
“I however believe my statement will 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,” Malik said in the affidavit.
On his part, Sr Wankhede’s counsel Birendra Saraf urged that the Minister must not misuse the (above) statement to continue making defamatory utterances against Sameer Wankhede.
After taking the minister’s affidavit on record, the HC bench said that as a minister, Malik ought to use proper forums to raise grievances. "He is a minister not a layman. You also knows and we also know what this is," the Bench commented.
The direction to Malik to file an affidavit had come after petitioner Dhyandev Wankhede – who has filed a Rs 1.25 crore defamation suit against the former – brought to the notice of the court that the minister had given interviews during which he allegedly continued with his tirade against the Wankhede family.
It may be recalled that Malik had on November 25 given an undertaking to the high court tha he would refrain from making any defamatory statements till the interim application filed in Wankhede's defamation suit was reheard by a single-judge of the High Court.
Bringing to the HC bench’s notice that the minister had breached his assurance, Wankhede’s senior Advocate Birendra Saraf filed an affidavit showing the instances where Malik made defamatory statements after the order of November 25.
On its part, the HC bench had wanted to know if what Malik had made statements in his personal capacity or as a Minister. “If he is giving in his individual capacity then we will call him here right now," the bench said.
On instructions, Malik told the court that he had made those statements as spokesperson of the NCP.
The HC bench made a prime facie observation that Malik had breached the statement made before the Court.
The HC bench said that before proceeding to take any action against Malik, it deemed it fit to direct the minister to file an affidavit setting out why action contempt of court should not be taken against him for wilfully breaching the statement recorded in the order.
In a Rs 1.25 crore defamation suit filed on behalf of Dnyandev Wankhede, Advocates Divakar Rai and Saurabh Tamhankar told the court: “Defendants have caused irreparable loss, damage, harm, prejudice to the name, character, reputation and societal image of Plaintiff and his family members”.
Sr Wankhede filed the suit in the high court after Malik shared Sameer Wankhede’s purported birth certificate on his twitter handle which allegedly stated that the latter’s father was a Muslim.
The petitioner alleged that Malik had unleashed a “tirade” against his son after the NCB arrested his son-in-law Sameer Khan under NDPS in January this year.
The petitioner among other things urged the high court: to declare the statements made by Malik are "tortious and defamatory in nature", to pass permanent injection order restraining Malik from publishing or making statements in any kind of media, including his social media accounts and to delete any statements, press releases, tweets released by Malik.