Did not breach undertaking on Sameer Wankhede: Malik tells HC

Minister appears in court, submits affidavit on contempt plea by ex-NCB official’s father

Nationalist Congress Party leader Nawab Malik appeared before the Bombay High Court on Monday and said he did not breach the undertaking given to court of not commenting on former Narcotics Control Bureau zonal director Sameer Wankhede.

Mr. Malik filed an affidavit before a division bench of Justices S.J. Kathawalla and Milind Jadhav and urged the court to dismiss the contempt petition against him by Mr. Wankhede's father Dhyandev. The affidavit said that Mr. Malik did not make any comments against Mr. Wankhede and did not breach his undertaking given to court.

“I respectfully submit that my right (as a spokesperson of the NCP) to criticise or comment on the political misuse of ventured agencies and the conduct of their officers in the course of their public duties cannot be restricted. The contempt jurisdiction cannot be used for my statements on public officers and the performance of their official duties. I submit that this contempt petition be dismissed with costs,” it added.

On February 8, 2022, the court issued a show cause notice against Mr. Malik in the contempt notice filed by Mr. Wankhede. On November 29, 2020 court had directed Mr. Malik to not make any public statements or use social media against the Wankhedes.

Mr. Wankhede had filed a suit seeking damages of ₹1.25 crore from Mr. Malik for making defamatory statements. The plea had mentioned that Mr. Malik had leaked a purported birth certificate of his son on Twitter alleging that he is a Muslim. The suit urged the court to grant an injunction directing Mr. Malik to not post any defamatory or derogatory statements and social media posts against his family.

On December 7, the same bench had noted that Mr Malik has “willfully breached” his undertaking given to court last month when he made defamatory statements against Mr Wankhede and his family when he was being interviewed by a regional newspaper.