Bombay HC quashes order that refused to restrain Nawab Malik from tweeting against Wankhede
Mumbai, Nov 29: The Bombay High Court on Monday quashed and set aside the order of a single bench of the HC that had refused to restrain Maharashtra minister Nawab Malik from making public statements against the Narcotics Control Bureau's (NCB) zonal director Sameer Wankhede and his family.
A division bench of Justices S J Kathawalla and Milind Jadhav quashed and set aside the order after Malik and Wankhede's father Dnyandev consented that the single bench order be recalled and Dnyandev's grievances against the minister, raised through an interim application on his defamation suit filed against Malik, be heard afresh by the HC.
On November 22, a single bench of Justice Madhav Jamdar held that though Malik's tweets against Wankhede, particularly those pertaining to allegations of the NCB officer having submitted a false caste certificate to secure the central government job and having accepted illegal gratification while on duty, had stemmed out of malice, the minister couldn't be completely prohibited from making comments against a public officer.
Dnyandev then challenged the singe bench order.
While hearing the appeal last week, a division bench of Justices S J Kathawalla and Milind Jadhav held that Malik's statements and tweets against Wankhede did seem to be a clear case of malice and logically, he should be restrained from making such comments.
The bench had also asked if it behoved the minister to make such comments without due verification and why he hadn't first approached the caste scrutiny committee with a formal complaint against Wankhede?
Malik then proposed that the single bench order be recalled.
His counsel Karl Tamboly told the HC that Malik will consent to quashing of the order, he will file a detailed reply to Dnyandev's interim application, and he will not make public statements or tweets against the Wankhedes until further hearing. He sought that Dnyandev's application be heard afresh by the single bench.
On Monday, senior counsel Birendra Saraf, who appeared for Dnyandev, told the division bench that his client had consented to the quashing of the November 22 order.
"The court can say by consent of parties (quashing of the order)," Saraf said.
The division bench permitted Malik to file a fresh reply affidavit to Dnyandev's interim application that seeks, among other things, that until his suit is heard finally, the minister be restrained from making defamatory statements against him and his family.
Malik will submit his reply by December 9. Dnyandev will then file his rejoinder responding to Malik's affidavit by January 3.
The single bench of Justice Madhav Jamdar will then hear the interim application afresh and complete the hearing within 13 weeks, the division bench said.
Until the hearing on the interim application is complete, Malik will not make any public statements or tweets against the Wankhedes, the division bench said.
"The statement by respondent (Malik on not tweeting or making public statements against the Wankhedes) shall continue pending disposal of final order on the interim application," the bench led by Justice Kathawalla said.
Malik has levelled a string of allegations against Sameer Wankhede after he led a drug bust raid on a cruise ship last month following which actor Shah Rukh Khan's son Aryan Khan and some other people were arrested.
The minister had alleged that Wakhede was born a Muslim, but falsely claimed to belong to a designated scheduled caste to secure his central government job.
Wankhede has denied the allegations.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
