Nawab Malik apologises to HC for remarks on Sameer Wankhede despite giving undertaking

Mumbai: After being pulled up by the Bombay High Court, NCP leader and Maharashtra minister Nawab Malik has tendered an unconditional apology for his remarks on NCB Zonal Director Sameer Wankhede despite an assurance that he would not do so.

As per a PTI report, Senior counsel Aspi Chinoy, who appeared for Mr Malik, submitted an affidavit in which the NCP leader told the bench that he was under the impression that responses to questions asked by journalists in interviews weren't covered by his previous undertakings to the court. 

"I tender my unconditional apology to this hon'ble court in respect of the breaches of my undertaking given to this hon'ble court as recorded in the orders dated 25th November 2021 and 29 November 2021," Nawab Malik said in his affidavit.

It was not his intention to dishonour the court by breaching his own undertaking, Mr Malik said in the affidavit.

The minister assured that he will not make any personal comments about Mr Wankhede's family until the high court heard the defamation suit filed against him by Sameer Wankhede's father Dnyandev.

"I, however, believe my statement will not prevent me from commenting on the political misuse of central agencies, and the conduct of their officers in the course of performance of their official duties hereafter," the affidavit added.

The high court accepted Malik's apology.

It also took note of the objection raised by Dnyandev Wankhede's lawyer, senior counsel Birendra Saraf, about Mr Malik's statement that he can still comment on the conduct of "officials of Central agencies''.

Mr Malik must not misuse this part of the affidavit to continue making defamatory statements against Sameer Wankhede (who is Mumbai zonal director of the Narcotics Control Bureau), advocate Saraf said.

Advocate Chinoy said his client will not make any personal comments against the officer.

The high court accepted Mr Chinoy's statement but also made it clear that Mr Malik shall not make any comments on Sameer Wankhede's past conduct in the discharge of official duty. Any comments must be restricted to the present or future, the court said.

The court also suggested that counsels of both the parties must advise them to "put an end to this."

Sameer Wankhede's father Dnyandev Wankhede had approached the court on Monday and said that despite assuring the high court last month that he will not make any public statements against the Wankhedes, Mr Malik continued to make such defamatory statements.

On Tuesday,  senior counsel Birendra Saraf submitted portions of an interview that Mr Malik had given recently to a regional newspaper wherein he had made the alleged defamatory comments.  

A bench of Justices SJ Kathawalla and Milind Jadhav had directed the senior NCP leader to file an affidavit explaining why the court must not take any adverse action against him for the breach of undertaking.

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