Nawab Malik said Dhyandev Wankhede has’ failed to demonstrate as to how the statements were scandalous, libelous or scandalous’, adding that the vilification suit is’ nothing but an attempt to cover up the illegalities committed’by his son Sameer Wankhede.
Maharashtra press minister and NCP leader Nawab Malik on Tuesday queried allegations made against him in a vilification suit filed by Dhyandev Kachruji Wankhede, father of NCB Zonal Director Sameer Wankhede. The suit, filed in the Bombay High Court, seeks Rs1.25 crore in damages from Malik.
The NCP leader stated that the plea wasn’t justifiable as the complainant can not file a representative suit on behalf of his family members without the court’s authorization.
Malik’s reply, a short affidavit, was filed after a single- judge holiday bench of Justice Madhav J Jamdar on Monday directed him to do so. The judge has been hearing Dhyandev’s plea for interim relief, including omission of papers, tweets, interviews in electronic and social media, and a temporary instruction restraining repliers from publishing, writing and speaking in any media.
Last month, Malik had participated a birth instrument, purportedly of Sameer Wankhede, stating that his father is one Dawood Wankhede. Sameer also issued a statement clarifying that his father is Hindu while his mama was Muslim. The plea claimed that Malik’s diatribe against Sameer Wankhede started only after the former’s son-in- law, Sameer Khan, was arrested by the NCB in January for allegedly trading contraband.
Malik, in his reply, claimed that the statements made against him are inconsistent and that Dhyandev has “ distorted data and has cooked stories” to make a delicate attempt to gain orders against him.
The reply stated that the complainant was needed to gain authorization of the court under Civil Procedure Code (CPC) to file a suit in representative capacity on behalf of his family members, which Dhyandev didn’t do.
Malik further claimed that Dhyandev’s family members haven’t initiated any legal proceedings brabbling the substantiation he produced to “ defend their civil rights” if they had been infringed upon.
Malik submitted that he has produced sufficient talkie substantiation in support of his claim, whose authenticity and admissibility can be decided only at the stage of trial. He added that Dhyandev has “ failed to demonstrate as to how the statements were scandalous, libelous or scandalous” and couldn’t produce indeed a single talkie substantiation to support his claims or contradict Malik’s.
Malik said the issue pertaining to the birth instrument is being delved by applicable authority.
“ Plaintiff has made big tinge and cry when the Defendant has produced this birth instrument, thereby professing that his name isn’t Dawood and he nor his son, are Muslim by religion. The said instrument is issued by the Brihanmumbai Municipal Corporation (BMC). Still, also it’s for the Plaintiff or said Sameer Wankhede to take corrective way and pursue it with BMC … Till date, he has not produced any other birth instrument to contradict the birth instrument produced by the defendant, If the said birth instrument issued by the BMC is false.”
The NCP leader further added that allegations levelled by colorful persons against Sameer Wankhede of making panch substantiations, including Prabhakar Sail, in the voyage boat medicine case subscribe blank papers, are being delved by a alert platoon of NCB and an SIT of Maharashtra police.
Malik said the present suit is “ trying to dock freedom of expression as per Composition 19 of the constitution, which he uses for public good.” “ The present suit is nothing but an attempt to cover up the illegalities committed by the Plaintiff’s son and the same should be dismissed,” he prompted.
