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Thursday, December 09, 2021

Defamation plea against Nawab Malik: Verification by MLA has to be at different level, says HC, reserves order

On Friday, advocate Arshad Shaikh, appearing for Dhyandev, submitted an affidavit listing 28 documents to substantiate that his name is ‘Dnyandeo' and not ‘Dawood’ as has been suggested by Malik.

Written by Omkar Gokhale | Mumbai |
November 13, 2021 12:58:38 am
Sameer Wankhede, Nawab Malik, NCB, NCP Minister, Defamation, Defamation case, Dhyandev, defamation suit, Bombay High courtSenior advocate Atul Damle, appearing for Malik, said Sameer's birth certificate is part of BMC records and he has verified. (FIle)

The Bombay HC on Friday reserved its verdict on an ad-interim plea filed by NCB Zonal Director Sameer Wankhede’s father Dhyandev, seeking an injunction against NCP Minister Nawab Malik from posting or publishing defamatory content or material against him or his family on any form of media.

Dhyandev, who has filed a defamation suit against Malik seeking Rs 1.25 crore in damages, told the HC that the documents posted and relied upon by the minister to defame him and his family were not public documents, hence, while violating their right to privacy, Malik had not even duly verified them.

A single-judge vacation bench of Justice Madhav J Jamdar orally observed that prima facie, there was an interpolation (insertion) in Sameer’s birth certificate, which Malik had posted on social media, and the MLA should have strictly scrutinized the same.

On Friday, advocate Arshad Shaikh, appearing for Dhyandev, submitted an affidavit listing 28 documents to substantiate that his name is ‘Dnyandeo’ and not ‘Dawood’ as has been suggested by Malik. Moreover, Shaikh said his client does not have Sameer’s original birth certificate, as it was given to the school that gave him a leaving certificate, which has been added to the pleadings.

Senior advocate Atul Damle, appearing for Malik, said Sameer’s birth certificate is part of BMC records and he has verified. To this, Justice Jamdar said, “You (Malik) are a member of Assembly and spokesperson of a national political party. You should be more careful…” The bench said, “Verification by MLA has to be at a different level.”

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