Thread by @barandbench

#BombayHighCourt to continue hearing the defamation suit filed by father #SameerWankhede against NCP leader #NawabMalik.

@nawabmalikncp
@narcoticsbureau

Malik filed his short affidavit clarifying his stance that he has verified the documents before uploading the same.

#SameerWankhede #NawabMalik #BombayHighCourt

Wankhede’s father has filed a 20 page affidavit listing out 28 documents which prove that his name is indeed ‘Dnyandeo’ and not ‘Dawood’ as is being stated by ‘Malik’.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: As far as your (Malik) affidavit is concerned, I read abiut it in newspaper.

Sr Adv Atul Damle: He has relied on 28 documents, I need to go through them.

#SameerWankhede #NawabMalik #BombayHighCourt

Adv Arshad Shaikh: I have annexed documents to show that I am Dynandeo. I have also annexed passport which verifies all other documents.

#SameerWankhede #NawabMalik #BombayHighCourt

Adv Arshad Shaikh: I have annexed the caste certificate (showing Mahar Caste)

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Since I was in NCC, I have attached that. I have also attached my degree certificate, statwment of marks.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Since I was in police service all my records are here.

Court: What is name of your wife?

Shaikh: Zayeda. Prior to her demise, she had written down, that she got converted to Hindu religion and then got married but then continued with the name.

#NawabMalik #BombayHC

Shaikh: I have always been “Dynandeo”.

He again shows his caste certificate and passport.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: There is PAN cards, old and new, there is Aadhar Card, there is election card. When I was excise inspector, the documents to show that.

There is an affidavit by my wife, which she executed before she passed away.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Also showing her driving license, which says Zayeda Wankhede, wife of Dnyandeo Wankhede…

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: There are also documents of my daughter which shows that the documents including a police clearance certificate for her sanad.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: The school leaving certificate of Sameer Wankhede shows his father’s name as Dnyandeo and that caste is Mahar.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: There is transcript of one of the videos uploaded, and there is also the entire video present.

The video has been uploaded by Malik pertaining to Wankhede’s visit to Maldives and Dubai.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Malik has shared photos of Wankhede in Dubai after Wankhede’s statement of never having gone to Dubai. i am saying those photos are not of the Grand Hyatt at Dubai. Clear falsehood.

#SameerWankhede #NawabMalik #BombayHighCourt

Court asks from document pertaining to Wankhede and NCB: What is loan basis?

Shaikh: It is sort of a deputation.

Court: I only know loan from bank.. (laughs)

#SameerWankhede #NawabMalik #BombayHighCourt

Court: So your contention is after Aug 31, 2020 you have not been to Dubai?

Shaikh: Yes.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: First it was me, my son, my daughter, then Sameer’s sister in law, where he is asking her about an NDPS case against her.
This is much before my son joined NCB.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Whatever you have, You mudsling!

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: The manner in which Malik is utilising the tools for making the allegations has not been clarified.

Court: The birth certificate that he has produced from BMC, what about that, is it available or not?

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: I do not have the original certificate, I have said so.
He has said in the affidavit that he has “reasonably verified”. That is from #SupremeCourt judgment. What is reasonably verified has to be in a manner so that the Court is satisfied.

#SameerWankhede #NawabMalik

Shaikh: The certificate which is a photocopy has an asterisk on Dawood. So that document which he is relying on has been rectified. And there are 35 other documents to show the name.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: The birth certificate has date 31.12.1971, my birth is of 1979.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Kindly note that I have said this is without prejudice to what my adult children will decide to do. They may decide criminal remedy. I as a father lf family have taken this step. My name is destroyed. My family is accused of fraud..

#SameerWankhede #NawabMalik #BombayHC

Shaikh reads out a supreme court judgement pertaining to right to privacy. none can publish anything pertaining to marriage, divorced, without my consent, truth or otherwise. If he does so he will be violating the right to privacy.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Unless the person has voluntarily thrust into controversy and if there is discussion on public document, and if the person has had a public life. My son’s nikahnama is not a public documents.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: You do not have the proof of some birth certiifcate you have produced. What is the proof that I am involved in extortion? Just because I was in Maldives, just because certain film stars were there.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: You say that my entire family is fraudulent, bogus rather.. You attack Sameer Wankhede, that is your goal, but in that you attack me and my family also.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: For public officials the right to privacy is not applicable as long as it is in discharge of his duties. How am I a public official? My daughter? The fact that he is Hindu or not, how is that pertinent to his duty? Let that be.

#SameerWankhede #NawabMalik #BombayHC

Court: There are allegations against yiu, because you are his father. See the clause 3 from this perspective.
All of this is happening because of Sameer Wankhede, else nothing would have happened. Read the clause from that perspective.

#SameerWankhede #NawabMalik #BombayHC

Shaikh: keeping aside everyone, reading the clause from Sameer Wankhede’s perspective. The defence of privacy is not applicable when there are allegations pertaining to discharge of duty. Do these allegations pertaining toy religion, caste, marriage have anything to do with that?

Shaikh: Where the publication has proved to be false and with malice the defendant will have no defence and it will be defamation.

This is what Puttuswamy judgement says.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh reads out the majority view written by Justice DY Chandrachud.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh reads out judgment in Ottoshankar case.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh is reading out Delhi High Court judgement by single judge.

Shaikh is reading this judgment: indiankanoon.org/doc/176929306/

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: very erudite judgment. As far as Birth certificate is concerned, an RTI application could have been made..

Court: Is it on the website?

Shaikh: it is not on the website. They are not saying that as well.

#SameerWankhede #BombayHighCourt #NawabMalik

Damle: It is part of BMC records. We have verified.

Court: So that interpolation is part?

Damle: it is as we have received. We can apply for certified copy.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: See this should have been done before.. We don’t know what is available in the records.
And what about my trip to Dubai? Maldives I understand is said to be richman’s paradise. But why Dubai? Because Don.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: But then did they check with passport authority, or even check with my employer?

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: And on the charges of extortion, what is the proof for the extortion?

Court: See Malik’s earlier affidavit.

Shaikh: This talks about newspaper reports on #PrabhakarSail’s affidavit.

Damle: This is taken from your petition filed in High Court.

Shaikh: I am not Sameer Wankhede.

Damle: You are arguing like one.

#SameerWankhede #BombayHC

Shaikh: And as for the allegation of Maldives.. I went to Maldives much before Sail’s affidavit was filed. What was your reason of saying extortion based on this affidavit?

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: What I believe happens is, he makes allegations, then finds an affidavit to justify. What happens is that if you caste aspersions, then that has a stronger effect of tarnishing my image than direct allegations.

#SameerWankhede #BombayHighCourt #NawabMalik

Court: We are restricted to prayer clause (c) and that is for future statements.

We will continue at 2:30 pm.

Hearing begins.

Shaikh: All judgments that I relied upon says that the effect of a defamatory action has to be shown to the Court for me to sustain the relief I asked for.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: When I handed over a document (pertaining to Fletcher photo).. the other side said, this is not his concern as it is not by him.

But just see, when the news of this suit was out, there were comments on that on Twitter.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: This allegation of Dawood, the allegation of Louis Vitton was not mentioned in the story, and this is all against Sameer Wankhede, but people stopped differentiating between father and son.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: I have dealt with Whatsapp chats between an alleged drug peddler and my daughter.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: The tweet showing the photo of whatsapp chats between the sister and father had the name “Dawood”, saying is it ethically and morally correct.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: The question is how you got this Whatsapp chats? And did you try and verify the veracity of the chats? I asked my daughter, she said it is manipulated. And they have not specified in the affidavit where they got this for.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh shows a photo containing Whatsapp chats made by him.
Shaikh: I am only showing this to prove that with a simple app, chats can be manipulated. Those apps are available on playstore, and it took only 2 minutes.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: There are experts here, meaning people more used to Whatsapp than we are. And Supreme Court says that these have to be verified. So these chats should have been verified.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: When the media questioned her, she had denied that it was not an authenticate chat of hers. Apparently she has denied, but I have stated on affidavit that she has denied.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh submits judgment of Mukta Gupta.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: Despite disputed facts in that judgment, the single judge asked him to take down the tweets. After that the case came up before the Division Bench of Delhi HC.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: And the division bench did not interfere with the ad-interim relief because perceived damage has to be seen.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: It is my contention that because his son-in-law was arrested, he was not able to get bail for a period of 8 months after which he was granted bail.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh: NCB challenged that and it is pending for purpose of hitting back and tainting the actions of my son this tirade was started. This perception was created that Wankhede is an extortionist and bogus because of which the family is attacked.

Shaikh: Stating that we are all bogus and we hold extortions on family vacations. I am Called Dawood.
After that my daughter who is lovingly called Lady Don, using that insinuates that “this lady don who is she did you not know”.

#NawabMalik #BombayHighCourt #SameerWankhede

Shaikh: Creation of artifice and innuendos to create a perception that these people are fraud and hence this ad-interim relief is required.

#NawabMalik #BombayHighCourt #SameerWankhede

Shaikh: In the past he has made comments against Anna Hazare. And now he is also targeting the Former CM saying there are connections with Sameer Wankhede. All of this to clear the name of his son-in-law. I am not from BJP or congress. Not any political party.

#NawabMalik

Shaikh: When his son in law was in prison there was not a single tweet.

Court: When was he arrested?

Shaikh: He was arrested on Jan 13, 2021. he got bail on Sept 27, 2021. His first tweet was on October 14, 2021.

#NawabMalik #BombayHighCourt #SameerWankhede

Shaikh: His first tweet was that there is no evidence against Nawab Malik says Court.
After that he starts.

#NawabMalik #BombayHighCourt #SameerWankhede

Damle: Milords may record my submisisons even though milords said not to get into technicalities.

#NawabMalik #BombayHighCourt #SameerWankhede

Damle is reading out Section 499 of the Indian Penal Code.

#NawabMalik #BombayHighCourt #SameerWankhede

Section 499

#NawabMalik #BombayHighCourt #SameerWankhede

Damle: Alleged defamation of himself and his family..

Court: You said defamation, and now you say alleged.

Damle: It is not admitted. Also I have to be cautious. I was just told whatever we are speaking is being shown live on channels.

#NawabMalik #BombayHighCourt

Damle continues reading.

Damle: If a person is no more, then in that case the family members can approach for defamation. Plaintiff has filed the suit in his individual capacity, he should limit to the allegations against him.

#NawabMalik #BombayHighCourt #SameerWankhede

Damle: The action against the Plaintiff has to be limited to the allegations which have been made against him. Not to his son or daughter.

Damle: You cannot add those in the present suit. Whatever has been alleged against the son, he is an officer, he can approach the Court. The daughter is a lawyer, she can approach the Court. Also nothing stops them from adding themselves in the present suit.

#NawabMalik

Court: The only person who cannot reply on Twitter is a judge.

Damle: Of course there is no control on the comments. Hence I said I am being more cautious.

Court: I am going to be more transparent. I am not bothered by this.

#NawabMalik #BombayHighCourt #SameerWankhede

Damle: I am now taking the Court through some pleadings. Truth is going to be my defence. So I am going to show.

Damle points out from the pleadings.

#NawabMalik #BombayHighCourt #SameerWankhede

Damle: Firstly I am saying the documents are taken from public websites. Secondly whatever has been reposted has been taken from the social media accounts.

#BombayHighCourt #SameerWankhede #NawabMalik

There is a cat bawling in the background.

Court: Maybe the cat is also unhappy with the tweets.

Damle: Maybe the cat hates my arguments.

(Laughs)

#BombayHighCourt #NawabMalik #SameerWankhede

Damle is now showing the documents which the suit states are defamatory.

#BombayHighCourt #SameerWankhede #NawabMalik

Court: Why is there a difference in handwriting (in birth certificate)?

Damle: Yes there seems to be, I will show how I got it. But the religion Muslim seems to continue.

#BombayHighCourt #SameerWankhede #NawabMalik

Damle: Even in the additional affidavit they have categoricallh stated that they do not have the original birth certificate nor the photocopy.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: No body has prevented them from producing the photocopy of the birth certificate which shows the actual birth certificate different from mine.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: This is a public document that is fine, but then the other documents, the photographs and all he is denying.
You are a member if assembly and you are spokesperson of national political party. You should be more careful.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: I am saying this since day 1, is this the manner in which BMC officer will write. There is interpolation.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: This verification is very important, because SC says it is part of right to privacy and it is fundamental right. Whatever SC has said you have to be within the parameters, which specifically says that verification has to be carried out.

#SameerWankhede #NawabMalik

Damle: Hence the Court asked me to file second affidavit.
Your lords have rightly said that the test is of birth certificate.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: Do you admit to interpolation? Do you admit that the handwriting about that Sameer is different? You are officer of this court and you are senior designated.. you have to assist the Court.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: I am not saying something in air..
I have tweeted with the document.

Court: Where is that register?

Damle submits the register.

Shaikh: Why was it not annexed to then affidavit?

Court: It is not for general public, it is only for specific persons.

#SameerWankhede

Damle reads out from the photograph.

Damle: This can be verified from the public document.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh points out to some entry made in the register.

Shaikh: Could you not have verified the document?

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: Prime facie there is a profile picture of 2015 which says that he is Dawood Wankhede.
Then the birth certificate, which may be corrected, but then it was Dawood at one point.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: There is no denial to whatever I have stated in his pleading.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: As far as the lady don is.. I have only taken tweet of one Fletcher Patel who has been panch witness on various cases.

Court: Where have you pleaded that?

Damle: It is not.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle submits the Dubai photograph. Says that there is manipulation.

Shaikh: You are saying I manipulated my own pleadings, that I deleted and added something to it.

#SameerWankhede #NawabMalik #BombayHighCourt

Shaikh: I have reproduced the photo which I have taken from his tweet. For him to say that I manipulated something today is unfair.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: I have produced some or the other document, so it cannot be that they are entirely false.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: Since my tweets have started this it is only right for me to explain that and hence Section 499.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: I am taking exceptions 1, 2, 3 and 9.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle refers to the writ petition filed by Wankhede where the Mumbai Police made a statement that notice will be given of three days.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle refers to Subramanium Swamy’s judgment which discusses exceptions of Section 499, IPC.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: That BMC certifcate, apparently there is interpolation, can it be said that the remarks made are in good faith? Were the remarks made after due care? What is the due care?

#SameerWankhede #NawabMalik #BombayHighCourt

Court: For concluding that there is interpolation, no rocket science is required. Hence this due care and attention is required. The level of verification should not be blind.

#SameerWankhede #NawabMalik #BombayHighCourt

Coirt: you are making it very easy. For normal public there is an RTI application required, then second, then an appeal has to be filed, and then in writ petition the Court says give the copy.

#SameerWankhede #NawabMalik #BombayHighCourt

Court: Verification is of some importance. By advocate it is, by judge is a different, different for general public. The verification of an MLA has to be of a different level.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: Since it is coming from the public record, BMC, there is less chance of manipulation, hence I uploaded as it is.

Court: The document itself shows interpolation is there. If the general layman says he does not know, then that is different. If a lawyer says it is different

Court: There is a higher degree of knowledge required from a public servant.

Damle: But I did not think there would any issue…

Shaikh: He should have applied RTI..

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: But it is not their case that there is interpolation by me.

Court: But if there is apparent interpolation then there is no due care.

#SameerWankhede #NawabMalik #BombayHighCourt

Damle: Prayer clause (c) is so wide that I will keep facing contempt every now and then.
There are party workers involved. The suit should be only between plaintiff and defendant.

Court: So that others can tweet ( laughs)

Shaikh: Judiciary has recognized two modes for defamation. Civil and criminal. Civil is torts. Criminal is under 499. Civil does not have a codified law.

Shaikh: Civil defamation is decided on the principles of equity.

#SameerWankhede #BombayHighCourt #NawabMalik

Shaikh was reading the order in indiankanoon.org/doc/42822379/

#BombayHighCourt #NawabMalik #SameerWankhede

Both parties have concluded their submissions.

Court reserves for order.

#SameerWankhede #BombayHighCourt #NawabMalik