NCP leader and state cabinet minister Nawab Malik (PTI Photo/File) A city-based businessman and priest (Maulana) moved a Public Interest Litigation in the Bombay High Court Tuesday against NCP leader and state cabinet minister Nawab Malik, urging that he be refrained from commenting in any manner on the ongoing probe in the cruise ship drugs case.
The PIL filed by Andheri (East) resident Kausar Ali Sayyed through advocate Ashok Saraogi stated that Sameer Wankhede, zonal director of Narcotics Control Bureau (NCB) is a “non-corrupt” officer and has been most effective in handling the drug menace.
The plea further stated that Malik’s tweets and statements are only demoralising Wankhede and his team.
“In any case, if respondent Malik has any grievance against Wankhede and if Wankhede has made anything wrong, being a minister, it is always open for him to adopt appropriate legal proceedings,” the PIL stated. “Malik started a war not only against Wankhede, but also his sister without any justified reason.”
The PIL added that while everyone has a right to free speech under constitution, the same cannot be utilised to demoralise any such person. Malik is making statements openly before press, contrary to provisions of law only for his personal enmity with Wankhede, the PIL said.
The plea sought direction for restraining Malik from commenting on officers of the NCB or any other investigation agency with an intention to demoralise that agency, and also sought interim restraining order against Malik pending hearing of the PIL.
On Wednesday morning, when the PIL was mentioned before a division bench led by Chief Justice Dipankar Datta, the court declined request for immediate hearing. It asked the petitioner to move the vacation bench or wait until regular court resumes after the Diwali vacation.
After the counsel sought liberty to move vacation bench, the HC refused and said, “We will not encroach upon jurisdiction of any bench. You satisfy that bench.”
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