What is the story about?
The Delhi High Court has delivered an unfavorable ruling for former NCB officer Sameer Wankhede by dismissing his lawsuit against the Netflix series The Ba***ds
Of Bollywood, which is directed by Shah Rukh Khan's son Aryan Khan. Wankhede approached the court claiming that the show presented a defamatory representation based on him, which harmed his reputation. Nevertheless, the High Court chose not to consider the request, citing a lack of territorial jurisdiction, thereby removing a significant legal obstacle for the series' creators and the streaming service.
Delhi High Court dismisses Sameer Wankhede's request
On Thursday, Justice Purushaindra Kumar Kaurav determined that the Delhi High Court lacked the authority to address the issue and returned the complaint, allowing Wankhede the option to seek recourse in a court with proper jurisdiction. The court noted that while the case could not advance in Delhi, Wankhede was permitted to pursue his claims in another venue.
The court was reviewing an interim injunction request submitted by Wankhede, which raised two primary questions for consideration. The first was whether the lawsuit could be maintained in Delhi, and the second was whether the portrayal in the series, when considered as a whole, crossed the boundary from protected artistic expression to actionable defamation. Ultimately, the court resolved the issue solely on jurisdictional grounds, without delving into the substance of the alleged defamatory material. It remains to be seen if Wankhede will continue the case in a different court.
What were the positions of Netflix, Red Chillies, and Sameer Wankhede?
Senior advocate J Sai Deepak, representing Wankhede, contended that the lawsuit was maintainable in Delhi since departmental proceedings against his client were ongoing in the national capital. He also highlighted that numerous media outlets that published reports against Wankhede are based in Delhi. Deepak argued that the ongoing presence of the allegedly defamatory material was inflicting irreparable damage to Wankhede’s reputation and requested its removal from the series.
Conversely, Red Chillies Entertainment, represented by senior advocate Neeraj Kishan Kaul, firmly contested the lawsuit’s maintainability in Delhi. Kaul argued that both Wankhede and Red Chillies are located in Mumbai, making Bombay the suitable jurisdiction. He asserted that the mere existence of online content with extensive reach was inadequate to establish territorial jurisdiction in Delhi.
Netflix, represented by senior advocate Rajiv Nayyar, also opposed the interim injunction. Nayyar maintained that the threshold for defamation is particularly high in such instances and cannot be met at an interlocutory stage. He further pointed out that details regarding inquiries and allegations against Wankhede have been publicly available since 2022, without any prior legal actions being initiated. According to Netflix, the series employs satire and dark comedy to critique Bollywood culture, which constitutes protected artistic expression.
Further details on Sameer Wankhede's lawsuit
Wankhede’s lawsuit named Red Chillies Entertainment, Netflix, X Corp, Google LLC, Meta Platforms, RPG Lifestyle Media, and unnamed parties as defendants. He sought Rs 2 crore in damages, intending to donate the sum to Tata Memorial Cancer Hospital. The request also aimed for permanent and mandatory injunctions against the allegedly false and malicious portrayal, including a scene featuring an obscene gesture alongside the slogan Satyamev Jayate.
The Ba***ds of Bollywood traces the journey of Aasmaan Singh, an outsider navigating the volatile and often harsh Hindi film industry through satire and drama. The series boasts an ensemble cast that includes Bobby Deol, Lakshya, Mona Singh, and Raghav Juyal, with special appearances by Salman Khan, Karan Johar, Aamir Khan, and Ranveer Singh.
