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Monday, November 29, 2021

Defamation plea: Nawab Malik, Wankhede produce additional documents, HC order on Nov 22

The bench Friday, November 12, had reserved its verdict on an ad-interim plea filed by Dhyandev, who has filed a defamation suit against Malik seeking Rs 1.25 crore in damages.

Written by Omkar Gokhale | Mumbai |
Updated: November 19, 2021 5:46:48 am
Maharashtra state Cabinet minister and NCP leader Nawab Malik.

The Bombay High Court on Thursday said that it will pronounce on Monday an order in an ad-interim plea filed by NCB Zonal Director Sameer Wankhede’s father Dhyandev, seeking injunction against NCP Minister Nawab Malik from posting or publishing defamatory content or material against him or his family on any form of media.

The single judge bench of Justice Madhav Jamdar, taking on record three documents produced by Malik and two by Dhyandev, said, “Parties requested not to produce anything till Monday. Order to be pronounced on November 22 at 5.30 pm.”

The bench, on November 12, had reserved its verdict on the ad-interim plea filed by Dhyandev, who has filed a defamation suit against Malik seeking Rs 1.25 crore in damages.

He had 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.

The judge had 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 scrutinised the same.

On November 12, advocate Arshad Shaikh, appearing for Dhyandev, had submitted an affidavit listing 28 documents to substantiate that his name is ‘Dnyandeo’ and not ‘Dawood’ as has been suggested by Malik.

On Wednesday, senior advocate Atul Damle, appearing for Malik, moved a praecipe, along with a letter issued by BMC public health officer, a copy of declaration pertaining to Sameer’s name change, his school leaving certificates issued by St Paul’s School and St Joseph’s School and his admission form for the St Joseph’s School. The court took on record the documents on Thursday.

Shaikh, meanwhile, submitted Sameer’s digitised birth certificate issued by BMC November 17, this year, and Dnyandev’s caste certificate from July, 1974.

“It will be an unending process. For four days, he (Malik) kept quiet and now he continues to write my son’s name as Dawood Wankhede. Malik’s contention is that Sameer got it corrected to get a Mahar caste certificate when he was in Class V, as if Sameer knew he was going to be IRS officer,” Shaikh said on Sameer’s behalf.

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