Mumbai: Bombay HC on Monday said NCP Tweet Nawab Malik against NCB Officer Sameer Wankhede “was moved by malice and or personal hostility”, but exhausted blankets to detain it and others who worked under post Pharga from the officer.
The family cannot be given at this stage as he is looking for by his father.
“At the prime phase of this facie and on the basis of the material on the note, it cannot be said that the accusation made by it is completely wrong,” HC said.
In the interim order -gen initial rules – justice Madhav Jamdar said even though the tweet – little he was careful – raises important problems regarding Wankhede’s actions and behavior, public officials, there must be a balance of the privacy rights of the family of NCB officers with freedom of Malik, because of both It is fundamental rights.
Verification of the fact before publishing or talking, HC told Malikin his interim sequence on the request by NCB Father Sameer Wankhede Dhyandev Wankhede against NCP Minister Nawab Malik for tweets and content “who slandered”, said the High Court Bombay on Monday, “the right to privacy implied in the right to life and freedom guaranteed to these citizens by Article 21.
Residents have the right to protect their privacy, however, the defendant has made accusations against the Plaintiff Son of Sameer Wankhede, who is currently posted as director of Zonal Narcotics Control Bureau, and therefore , he is (a) general official.
The public has the right to examine and comment on the actions of public officials.
However, as held by the Supreme Court, it must be done after verification of reasonable facts.
“HC said,” It cannot be said that (Malik) Acting after verification of reasonable facts.
” “It is necessary to direct the defendant (Malik) that he must verify facts that make sense before publishing, writing, speaking in the media including electronic media and social media or publishing in any way that slanders (sic) the Plaintiff or family member,” said Justice JAMDAR in the order of 50 pages.
He looked for a reply from Malik to Wankhede.
can be maintained.
Arshad Shaikh’s senior advisor, for Wankhede, said Malik has not verified before tweeting “slanderful” content.
HC also said “It is very important to note that” Wankhede produced several documents to prove his opinion that “his name is Dnyandeo and he belongs to the” dowry “of the caste, is recognized as a caste scheduled.” “Prima facie is substance” in the opposition Shaikh that Malik did not act after verification of reasonable facts.
HC also said, “In this case it is true that (Wankhede) has come up with the case that his family consisting of his daughter, son and daughter-in-law was slandered, but he also came (a) a positive case that he himself had slandered.” Prima Facie, The lawsuit submitted by Wankhede seems to be maintained, HC said.
HC goes into the concept of privacy, the right to speech and reputation and says, “The reputation becomes a component attached to article 21 (the right to life), it should not be allowed to be solely because other individuals can have freedom.
Therefore, balance Between the two rights need to be beaten.
“Reputation” cannot be allowed to be crucified in the altar of other free speech rights.
“HC said,” The right to privacy implied in the right of life “, and it is” the right to be left alone “.
But when notes are public and including court records, “Privacy rights no longer survive and it becomes a legitimate subject to comment on the press, media and others.” “In the case of public officials privacy rights or in terms of recovery of actions for damage is not available in connection with their actions and behavior relevant to the disposal of official tasks.
This must be determined that the publication is completely wrong and the same has been done without verification of reasonable facts, “HC said.
“Tweet Nawab Malik is evil, but can’t say completely wrong ‘
