On Thursday, when Wankhede’s appeal was taken up, the HC had recorded a statement from Malik as his undertaking that no public tweets would be made against Wankhede family till December 9, when the appeal would be heard next. Saraf had argued that the single judge had found the minister’s tweets to be “actuated by malice or personal animosity” but had only said his future tweets should be after reasonable verification, though what should have followed was a restraint on him. Justice Kathawalla at the hearing also orally said, “He is a minister, does it befit him to do all this.”

The NCB officer’s father had on November 5 moved the HC with a suit against Malik for his allegedly defamatory tweets and public comments and filed an interim application for orders to restrain him from doing so. On November 22, Justice Madhav Jamdar, while deciding a plea for urgent orders to restrain Malik said in a 50-page order that the minister’s tweets, posts and press conferences were actuated by malice and personal animosity against Wankhede. Justice Jamdar also said that Malik “cannot be said to have acted after reasonable verification of facts”, however “at this stage” it cannot be said that allegations by Malik are totally false. The single judge said at this stage, he cannot accept Wankhede’s plea for a “blanket” order to restrain Malik, but to balance the fundamental rights on both sides and directed him to tweet only after reasonable verification.

Justice Jamdar directed Malik to file a reply to the interim application filed by Wankhede and posted the matter for hearing on December 20. Wankhede, meanwhile, filed an appeal before the division bench, saying Justice Jamdar ought to have restrained Malik after giving a finding of malice.

(With inputs from agencies)