Delhi HC dismisses Sameer Wankhede’s defamation suit against Aryan Khan’s The Ba**ds of Bollywood

The Delhi High Court on Thursday, January 29, dismissed former Narcotics Control Bureau (NCB) officer Sameer Wankhede’s defamation suit against the Netflix series The Ba**ds of Bollywood, holding that it lacked territorial jurisdiction to hear the case.

Justice Purushaindra Kumar Kaurav returned the plaint, granting Wankhede the liberty to approach a court of competent jurisdiction. The court clarified that it was not expressing any view on the merits of the allegations and decided the matter solely on jurisdictional grounds.

Wankhede had filed the suit alleging that the series, written and directed by Aryan Khan, contained a character inspired by him and portrayed in a defamatory manner. He claimed the depiction damaged his reputation and sought an interim injunction against the show.

The court was hearing Wankhede’s plea for interim relief, where two issues were considered — whether the Delhi High Court had the authority to hear the case, and whether the portrayal crossed the line from artistic expression into defamation. However, the court chose to rule only on the question of jurisdiction.

During the hearing, senior advocate J Sai Deepak, appearing for Wankhede, argued that Delhi was the appropriate forum since departmental proceedings against his client were pending in the capital and several media organisations reporting on him were based there. He also contended that continued streaming of the content was causing irreparable harm to Wankhede’s reputation.

Opposing the plea, Red Chillies Entertainment, represented by senior advocate Neeraj Kishan Kaul, submitted that both Wankhede and the production house are based in Mumbai, making Bombay the proper jurisdiction. Kaul argued that the mere online availability of the series was insufficient to establish territorial jurisdiction in Delhi.

Netflix, represented by senior advocate Rajiv Nayyar, also objected to the interim injunction. Nayyar submitted that defamation claims require a high threshold and cannot be decided at an interlocutory stage. He further stated that allegations and inquiries related to Wankhede had been in the public domain since 2022, without any legal challenge at the time.

In his suit, Wankhede had named Red Chillies Entertainment, Netflix, X Corp, Google LLC, Meta Platforms, RPG Lifestyle Media, and unidentified parties as defendants. He sought ₹2 crore in damages, proposing that the amount be donated to Tata Memorial Cancer Hospital.

The lawsuit specifically objected to a scene in the first episode of the series, where a character allegedly resembling Wankhede makes an obscene gesture after reciting the slogan "Satyamev Jayate." Wankhede claimed the scene violated provisions of the Prevention of Insults to National Honour Act, 1971.

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