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Dnyandev Wankhede challenges Bombay HC order against Malik’s defamatory remarks

MUMBAI: Dnyandev Wankhede father of the Narcotics Control Bureau (NBC) zonal officer Sameer Wankhede, has filed an appeal in the Bombay High Court (HC) challenging a single-judge bench order that had refused to pass a blanket gag order to restrain Maharashtra minister Nawab Malik from making comments and putting social media posts against son and his family.

Dnyandev has asked for an urgent hearing and urged a division bench of Justices S J Kathawalla and Milind Jadhav to grant him relief and his plea is likely to be heard by the division bench on Thursday.

Dnyandev’s interim application in appeal says that if the defendant (Malik) is not restrained or injuncted by this court, would continue his activities and keep on defaming and tarnishing the name and reputation, standing and image of the plaintiff and his family members in the eyes of the public.

On Monday, a single-judge bench of Justice Madhav Jamdar had refused to grant Wankhede any interim relief in his defamation suit filed against Malik, noting that prima facie it cannot be said that the allegations raised by Malik against Wankhede are totally false. He had also sought damages worth Rs 1.25 crore.

The court had said that although Dnyandev had the right to privacy, even Malik the defendant had the right to freedom of speech and expression. 

"There has to be balancing of fundamental rights," the court said in its order adding that the minister, however, must make statements against Wankhede or his family only after 'reasonable verification of facts.'

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