Five reasons why Nawab Malik is opposing the defamation suit filed by Sameer Wankhede's father

Maharashtra Cabinet Minister Nawab Malik has filed his response to the ₹1.25 crore defamation suit filed by the father of Zonal Director of the Narcotics Control Bureau (NCB) Sameer Wankhede, in the Bombay High Court. .Malik filed the reply in compliance with the High Court's directions on Monday to respond to the suit. He has challenged the maintainability of the suit on the following grounds: .1. Non-compliance with Order 1 Rule 8 of Code of Civil ProcedureThe suit filed by Dhyandev Wankhede claimed that he and his family members were defamed and he thus sought relief on behalf of the family members. In view of this, Malik has stated in his reply that the suit was filed in a representative capacity. However, he has contended that the provisions of Order 1 Rule 8 of the Code of Civil Procedure, which makes it mandatory for prior permission to be sought before filing in a representative capacity, have not been complied with..2. Family members have not initiated legal proceedingsWankhede's father raised grievance that there were allegations against his daughter Yasmeen Khan and son. As per the averments made in the plaint, Malik deduced that till date, no family member has initiated any action against the alleged defamatory claims. .3. No documentary evidence in support of the claimMalik stated in his reply that he produced a lot of documentary evidence in support of his claims, which the suit claims are defamatory. He added that the veracity and admissibility of the same can be checked at the stage of trial. However, for the purpose of ad-interim relief, Malik has contended that Wankhede's father ought to demonstrate how the statements are defamatory, slanderous or libellous, which he has failed to demonstrate in his suit. .4. Exceptions to Section 499 of the Indian Penal CodeMalik invoked the defences covered under the proviso to the exceptions under Section 499 of the Indian Penal Code, which deals with defamation..5. Feeble attempt to obtain orders against MalikRelying upon a public interest litigation filed by Kausar Ali which purportedly has identical prayers for relief, Malik underscored that Wankhede was making feeble attempts to obtain orders against him.While there were no orders in that PIL, he cannot be made to defend different litigation filed by different parties, but essentially claiming similar reliefs, Malik has emphasised. .Apart from the above reasons, Malik brought to the Court's attention the fact that the evidence produced by him has "helped the government machinery to take corrective steps against Sameer Wankhede, son of the Plaintiff."Wankhede is facing a vigilance inquiry and the Director of NCB has transferred total of six cases from Mumbai unit headed by Wankhede to an operation unit in Delhi, the reply stated..In light of these submissions, Malik has sought for a dismissal of the suit. .The suit arose after Malik shared Wankhede’s purported birth certificate on his Twitter handle which allegedly stated that Wankhede’s father was a Muslim. In the suit, Dhyandev Wankhede, claimed that the tirade against his son started only after Malik’s son-in-law Sameer Khan was arrested by the NCB in January this year.Wankhede's father alleged that remarks, insinuations either oral or written, and interviews with Wankhede’s family members and with Malik were “tortious and defamatory”..[Sameer Wankhede defamation suit] "If you can reply on Twitter, reply here too:" Bombay High Court to Nawab Malik