The Delhi High Court reserved its order on a plea by IRS officer Sameer Wankhede seeking an interim injunction on the series The Ba***ds of Bollywood on Tuesday. Wankhede earlier sought that the series, produced by Shah Rukh Khan-owned Red Chillies Entertainment Pvt Ltd, was allegedly defamatory, and hence be taken down from several websites.
Court reserves order on Sameer Wankhede`s plea
After hearing all the parties in the matter, Justice Purushaindra Kaurav framed two questions to be decided while reserving the order on the interim plea. The questions are whether the suit is maintainable in Delhi and secondly whether the impugned depiction, when viewed as a whole in the context, prima facie crosses the threshold and turns from protected artistic expression into actionable harm to the plaintiff`s reputation.
Wankhede`s counsel argued that the suit is maintainable in Delhi since his relatives who have viewed the show reside in the national capital. Similarly, the departmental proceedings against him are pending in the city, while the media houses which published the articles against him are also based in Delhi.
However, Red Chillies Entertainment and OTT Platform Netflix opposed the plea, noting that it lacked territorial jurisdiction and said that the suit should have been filed in Mumbai instead of Delhi.
Netflix submitted that the show exposes Bollywood culture, satire and dark comedy. As a result, it cannot be dragged into a defamation suit. It further said that the officer should not be oversensitive towards a one-and-a-half-minute satire scene, which he himself admits is satire.
The platform contested that the threshold of defamation in such cases is very high, and it cannot be proved at an interlocutory stage. Additionally, the plaintiff has to prove it during the trial only if he will get damages.
Red Chillies has also opposed the plea, saying the officer was indulging in “forum-shopping”, choosing courts according to one`s convenience. In its reply to Wankhede`s interim application, Red Chillies emphasised that the series was a satire and such depiction is permitted in law as a legitimate form of artistic expression and social commentary.
Red Chillies also noted that the show, written and directed by Aryan Khan, highlights various controversies in the Bollywood industry, such as nepotism, paparazzi culture, adultery and struggles faced by newcomers, along with satirical elements and parody.
Wankhede later filed a rejoinder to Red Chillies, saying the defamatory content was produced to settle personal scores with him and avenge the arrest of Shah Rukh Khan`s son Aryan Khan in a 2021 drugs case. According to him, the series was orchestrated to target and malign him.
Red Chillies opposed Sameer Wankhede`s plea
Wankhede has sued Red Chillies and Netflix for defamation and sought Rs 2 crore in damages, which he wants donated to the Tata Memorial Cancer Hospital for cancer patients.
The high court had earlier issued notices and summons to Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC, Meta Platforms, RPSG Lifestyle Media Private Limited and John Doe in the defamation suit and asked them to file their replies within seven days.
The plea submitted that the series disseminates a misleading and negative portrayal of anti-drug enforcement agencies, eroding public confidence in law enforcement institutions. The plea claimed that the series depicts a character making an obscene gesture, specifically, showing a middle finger, after the character recites the slogan “Satyamev Jayate”, which is part of the National Emblem.
This act constitutes a grave and sensitive violation of the provisions of the Prevention of Insults to National Honour Act, 1971, which attracts penal consequences under law, it said.
(With inputs from PTI)
