The Delhi High Court has dealt a setback to former NCB officer Sameer Wankhede after rejecting his lawsuit against the Netflix series The Ba***ds Of Bollywood, directed by Shah Rukh Khan's son Aryan Khan.
Wankhede had moved the court alleging that the show carried a defamatory portrayal inspired by him, causing damage to his reputation. However, the High Court declined to entertain the plea, citing lack of territorial jurisdiction, effectively clearing a major legal hurdle for the makers of the series and the streaming platform.
Delhi High Court quashes Sameer Wankhede's plea
On Thursday, Justice Purushaindra Kumar Kaurav ruled that the Delhi High Court did not have the jurisdiction to hear the matter and returned the plaint, granting Wankhede the liberty to approach a court of competent jurisdiction. The court observed that while the case could not proceed in Delhi, Wankhede was free to pursue his claims elsewhere.
The court was hearing an interim injunction application filed by Wankhede, in which two key issues were framed for consideration. The first was whether the suit was maintainable in Delhi, and the second was whether the depiction in the show, when viewed in its entirety, crossed the line from protected artistic expression into actionable defamation. The court ultimately decided the matter on jurisdiction alone, without entering into the merits of the alleged defamatory content. It is yet to be seen if Wankhede will pursue the case further in another court.
What were the arguments by Netflix, Red Chillies, Sameer Wankhede?
Senior advocate J Sai Deepak, appearing for Wankhede, argued that the suit was maintainable in Delhi as departmental proceedings against his client were pending in the national capital. He also pointed out that several media organisations that had published reports against Wankhede operate from Delhi. Deepak contended that the continued availability of the allegedly defamatory content was causing irreparable harm to Wankhede’s reputation and sought its removal from the series.
On the other hand, Red Chillies Entertainment, represented by senior advocate Neeraj Kishan Kaul, strongly opposed the suit’s maintainability in Delhi. Kaul submitted that both Wankhede and Red Chillies are based in Mumbai, making Bombay the appropriate jurisdiction. He argued that the mere availability of online content with wide reach was insufficient to establish territorial jurisdiction in Delhi.Netflix, represented by senior advocate Rajiv Nayyar, also opposed the interim injunction. Nayyar argued that the bar for defamation is particularly high in such cases and cannot be satisfied at an interlocutory stage. He further noted that details of inquiries and allegations against Wankhede had been in the public domain since 2022, without any prior legal action being taken. According to Netflix, the series uses satire and dark comedy to comment on Bollywood culture, which is protected artistic expression.
More about Sameer Wankhede's lawsuit
Wankhede’s suit named Red Chillies Entertainment, Netflix, X Corp, Google LLC, Meta Platforms, RPG Lifestyle Media, and unidentified parties as defendants. He had sought Rs 2 crore in damages, proposing to donate the amount to Tata Memorial Cancer Hospital. The plea also sought permanent and mandatory injunctions against the allegedly false and malicious depiction, including a scene involving an obscene gesture paired with the slogan Satyamev Jayate.
The Ba***ds of Bollywood follows the journey of Aasmaan Singh, an outsider navigating the unpredictable and often ruthless Hindi film industry through satire and drama. The show features an ensemble cast including Bobby Deol, Lakshya, Mona Singh, and Raghav Juyal, with special appearances by Salman Khan, Karan Johar, Aamir Khan, and Ranveer Singh.