Mumbai court notice to Nawab Malik in another defamation complaint by BJP's Mohit Bharatiya

A Mumbai court on Tuesday issued notice to Nationalist Congress Party (NCP) leader and Maharashtra minister Nawab Malik in a defamation complaint filed by BJP leader Mohit Bharatiya, the second such complaint filed by Bharatiya by Malik in the recent past..Metropolitan Magistrate at Mazgaon, Mumbai PI Mokashi observed that Malik had made defamatory statements against Bharatiya and it will be available for viewing by the public at large. "It is also prima facie proved by the complainant (Bharatiya) that the words spoken by Malik were such that, it has harmed the reputation of Malik," the order said. .Bharatiya alleged in the complaint that Malik had grossly misused his dominant position to defame Bharatiya and his family with highly speculative arguments without any evidence to substantiate his alleged malicious claims. .He sought issuance of process against Malik under Section 190 of the Criminal Procedure Code for offences under Section 499 punishable under Section 500 of the Indian Penal Code.The criminal complaint filed by Bharatiya raised grievances against a press conference held by Malik on November 7, 2021 wherein he allegedly made defamatory and derogatory statement against Bharatiya..Bharatiya had previously filed a criminal complaint against Malik for making allegedly defamatory statements against him and his brother-in-law after Malik had alleged that the "Narcotics Control Bureau (NCB) is acting under influence of BJP."The Court had issued notice to Malik in that case and Malik had subsequently been granted bail in that matter.The present plea stated that the accused resorted to campaign via social media platforms urging political workers to come together in masses to the Court.It was further alleged that the accused made false and defamatory allegations against the complainant after stepping out of court premises..The plea pointed out that press conference of November 7, 2021 had been widely circulated through the medium of electronic media and social media platform in which Malik allegedly accused Bharatiya of bank frauds to the tune of ₹1,100 crores without any evidence. Bharatiya issued a legal notice to Malik demanding a public apology however that did not deter Malik who continued making false allegations, it was contended. .Bharatiya’s lawyer, advocate Faiz Merchant, informed the Court that Malik remained undeterred despite the Court’s cognisance into the criminal complaints against him.The allegations levelled by Malik are false and did not hold water, he added..[Read order]