Thread by @barandbench

#BombayHighCourt is hearing defamation suit filed by father of #NCB zonal director #SameerWankhede against NCP leader #NawabMalik.

@nawabmalikncp
@narcoticsbureau

Adv Arshad Shaikh appearing for Wankhede’s father reads out prayers in the suit. And points out the contents of the reply filed by Malik.

#NawabMalik #SameerWankhede #BombayHighCourt

Shaikh: He is saying I am not entitled and that he as a politician must bring out the truth.
When he says truth he relies on one assertion made by him, namely Wankhede’s birth certificate says he was born Hindu.
And father was Muslim.

Shaikh: So he says I misused the caste certificate to reach the position I have reached.
The birth certificate is not on record, before whom do I produce the certificate to raise my point? He may be an MLA but then he is not the court or quasi judicial authority.

Court: As a public officer you have to show that the statements made are false. The issues can be raised by any member of public because he is public officer. So you first show that the statements are false because he is saying they are true.

Shaikh: This suit is filed by Wankhede’s father. But then why were the allegations made against me?

Court: I don’t get into the technicalities at ad-interim stage. You just demonstrate how the tweets are false.

Court asks Shaikh to explain a tweet of Fletcher Patel.

Shaikh: That my learned friend can explain…

Sr Adv Atul Damle for Malik: He has annexed this text as defamatory and he hasn’t understood?

#BombayHighCourt #SameerWankhede #NawabMalik

Shaikh: Fletcher Patel has uploaded some pictures of my daughter and called her “lady don”. The insinuation is on the word “Don”.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh is reading out other alleged defamatory tweets annexed to the suit.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: It is our contention that it is false.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: There is a picture uploaded with text “pehchaan kaun” and says “Sameer Dawood Wankhede”, it is my picture and I have been called “Dawood” already.

Court: Is it your picture?

Shaikh: No I have not uploaded that.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: If someone saved his number as Wankhede Dawood then that would reflect.

Damle: I am sorry to interrupt but then he is relying on pictures and there are no pleadings to this effect in the suit. Someone else has done it and he is attributing it to me.

#NawabMalik

Shaikh continues.

He is now showing videos and the tweets which contained the nikahnama.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: From birth I am a Muslim. They have shown Whatsapp chats between my daughter and some drug peddler. How is this ethically moral?
Whatsapp chats is end to end encrypted. You can either get screenshots from the person who sent or received.

#SameerWankhede #NawabMalik

Shaikh: My daughter is a practising criminal lawyer. That person spoke to her for her office address. He has obviously gotten it from the alleged peddler.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: So it is not right for my daughter, a lawyer to have gotten his message, but a sitting MLA could contact?!

Court: You only have to show that this is false. Today we are on ad-interim.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: But this tweet, which has this chat.. Is this morally, ethically or legally right to question my connection with the peddler?

Court: Just take proper instructions on this.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Who sent the screenshot? I did not have a problem with the chats, but with the insinuation of Dawood and who is in contact?

Court: You are not denying that this chat happened between some person and your daughter?

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: No I am not denying that conversation happened. But then with whom.. and I do not take up NdPS cases because of my brother..

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: There is a steady build-up. There is a picture of Don. Then the name “Dawwod” is given. Then you say does sister have links. Then you go after the sister-in-law with the drug case. This case was before Wankhede joined NCB.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Why do you have to go against the Sister and sister-in-law? Hence I sent the legal notice.

Court: You just concentrate on the fact that the statement is false. Your son is a public servant, he is bound to be scrutinised.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Milords may grant me time to file an additional affidavit.

Damle: Then I may be given time to respond to that. Whether at this stage can affidavit be filed?

#SameerWankhede #NawabMalik #BombayHighCourt

Court: Let me hear Damle for sometime, then let me@decide.

Shaikh: Milords may keep in mind that I am not seeking for ad-interim relief till then..

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: He himself is saying he does not know who has uploaded the photos and what not. Then he has admitted in the suit that the photos are taken from the social media accounts of family members so then there is no question of me creating documents.

Court: it appears that she is your daughter. And she is known to one fletcher patel, and she calls her lady don..

Damle: And I just uploaded that.

Court: but the way you have said, it has some other meaning.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: I have seen some juniors call their seniors “boss”.. that does not mean they are “boss”.. (everyone laughs)

#SameerWankhede #NawabMalik #BombayHighCourt

Court: According to you the meaning of ugadi is extortion.

Damle: The birth certificate of Wankhede issued by the BMC has an asterisk, so his name was changed. These are his profile pictures. Hence I have taken the defence under S. 499 of the IPC.

Damle: I have not posted something in air. I have put documents which I have.

Court: Have you verified before putting it? Isn’t it your duty as a public officer to verify.. As a responsible citizen and national political party?

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: Accoridng to my instructions, it has been@verified.

Court: Have you averred that?

Damle: May not be a specific averment but I will add that.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: Whatever I uploaded false or true can be checked..

Court: But on the authenticity.. that has to be stated. You also file an affidavit.

#SameerWankhede #NawabMalik #BombayHighCourt

Court asks the counsel to read a Supreme Court citation.

Court: Both of you read so that you are on the same wavelength! The parameters…

Damle: Milords had to choose the longest para to read.. (laughs)

Court: That is the crux of the matter.

#SameerWankhede #NawabMalik

Court: He is filing his affidavit. You also file your reply, one page reply.

Damle: But the prayer sought..

Court: The court is mindful of what relief to give. He is a citizen of India, he has come for damages through this suit.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: I am putting my learned friend to notice, even if it is true the same has been said with malafide intention, so that has to be considered.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: If he is filing the affidavit then he may disclose the source of that information.

Court: Supreme Court is clear on this - Right to privacy is inbuilt in the right to life, so I am not going to go into the technicalities.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: I am going to be hearing the application only limited to the prayer (c). But I also have to ensure that what is being out is verified or not.

#SameerWankhede #NawabMalik #BombayHighCourt

Court adjourns the matter to Friday.

#SameerWankhede #NawabMalik #BombayHighCourt