Nawab Malik's tweets on Wankhede stem from malice but no blanket gag order: HC

The minister, however, henceforth, must make statements against Wankhede or his family only after "reasonable verification of facts," the HC said

The Bombay High Court has refused to pass any gag order against Maharashtra’s Minority Affairs Minister and NCP chief spokesperson Nawab Malik regarding his statements against Narcotics Control Bureau’s high-profile Mumbai Zonal Director Sameer Wankhede and his family.

Malik has opened a floodgate of allegations against Wankhede, a 2008-batch IRS officer, after the October 2-3 Cordelia cruise ship rave party case.

Earlier, this year, the NCB had arrested Malik’s son-in-law Sameer Khan. However, a special NDPS Court granted him bail.

Wankhede’s father Dynandev Wankhede, a retired Inspector of State Excise, had moved the Bombay High Court seeking to restrain Malik from making defamatory statements against him and his family members.

Also read: After HC's detailed order in Aryan case, Malik seeks action against Sameer Wankhede

“At the prima facie stage, it cannot be said that the allegations are totally false", Justice Madhav Jamdar said in his observation.

Besides, the court said that it cannot pass a blanket injunction against Malik, but added that he should exercise reasonable care to verify the allegations against Wankhede before making any statements.

“…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 a spokesperson of a political party…you have to be more careful,” Justice Jamdar said.

Soon after the observation, Malik, who was in Dubai, tweeted: “Satyamev Jayate. The fight against wrongdoings will continue…”

Around the same time, Wankhede’s wife Kranti Redkar tweeted: “…malice can’t be ruled out. Verify facts before posting, be careful, says the High Court. The faith in the judiciary system continues to get stronger. Half battle won…”

Malik had alleged that Wankhede is a Muslim by birth and has falsely claimed to be a Hindu SC and claimed the benefit of caste reservation during the UPSC examination and entered the IRS.

Besides, he had also claimed that Dynandev Wankhede has converted into Islam and took the name Dawood Wankhede before marrying Zaheeda Bano.

Malik has also claimed that the raid on the Cordelia cruise ship was fake and a plot to extort money.

Malik’s legal team comprising Senior Advocate Atul Damle and Advocate Kunal Damle argued that they took the defence of truth and the minister had reasonably verified all the documents he posted on social media.

Wankhede’s lawyer Arshad Shaikh contended that Malik’s tweets were politically motivated and intended to avenge the arrest of his son-in-law.

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