‘This cannot go on’: Bombay HC seeks Nawab Malik’s reply to contempt plea by Sameer Wankhede’s father

Earlier, Malik, on December 10 last year, had tendered an unconditional apology in the High Court for “wilfully breaching” his undertaking given to the court that he won’t be making statements against Dhyandev Wankhede and his family.

Malik had given an assurance that he would not make any comment or pass any remark against Dhyandev. He, however, had said that his statement or undertaking would not prevent him from commenting on the political misuse of central agencies and the conduct of their officers in the course of performance of their official duties henceforth. The court had accepted Malik’s apology.

Dhyandev, in his contempt plea filed last month, said Malik breached the December 10 High Court order that accepted his apology. He cited certain remarks made by Malik recently.

“These statements are specifically directed against the petitioner’s son impugning his caste/religion and his personal integrity. Even assuming that these statements can in any manner be construed as comments on political misuse of central agencies and conduct of their officers in course of their duties, such conduct should be related to the duties hereafter performed, that is, after December 10. Aforesaid statements pertain to actions/omissions of petitioner’s son much prior to December 10, 2021,” Dhyandev said.

Claiming that Malik has willfully breached his undertaking, Dhyandev said he should be held guilty of contempt under the Contempt of Courts Act, 1971.

Thursday, senior advocate Birendra Saraf appearing for Wankhede argued that such breach of undertaking by Malik is “repeatedly” taking place and every time there is a hearing before the caste-scrutiny committee, the minister tweets against his client.

Malik’s counsel said that he would like to file an affidavit and point out that the statements made by him fall within the concession the court had given in its earlier orders.

“If you (Malik) are saying it in this way, we will withdraw the concession. Directly or indirectly you (Malik) are defaming the man (petitioner Wankhede). What are you trying to achieve? We had asked earlier as well. We will give you an opportunity to file an affidavit but this cannot go on,” Justice Kathawalla orally told Malik’s counsel. The court asked Malik to submit his affidavit in reply by Saturday and posted the matter for further hearing on February 7.