Delhi High Court Questions Sameer Wankhede On Maintainability Of Defamation Suit Over 'Ba***ds Of Bollywood', Permits Him To Amend Plaint

The Delhi High Court on Friday (September 26) questioned IRS Officer Sameer Wankhede as to how his defamation suit against Red Chillies Entertainment, Netflix and others over his allegedly defamatory portrayal in the new Netflix series “Ba***ds of Bollywood” directed by Aryan Khan, was maintainable in Delhi. 

At the outset, Justice Purushaindra Kumar Kaurav asked Senior Advocate Sandeep Sethi appearing for Wankhede about the cause of action. 

Sethi said, "Web series is meant for across cities, including Delhi. Memes are against me qua people in Delhi". 

However the court orally said, "Your plaint is not maintainable. I am rejecting your plaint. Had your case been that look I've been defamed at various places including Delhi and max damage is in Delhi, we would have still considered here"

Sethi at this stage said that he can amend the plaint. 

Pursuant to this the court said, "Having considered sec 9 of CPC and facts that the plaintiff in para 37 and 38 has not properly made averments as to how civil suit would lie here in Delhi".

Sethi sought time to make necessary amendments, which was allowed. 

The court further said that it is not going to give any date and the Registry will give the date once the plaintiff's application is listed.

Senior Advocate Harish Salve appeared for Red Chillies Entertainment. Senior Advocate Mukul Rohatgi appeared for Netflix.

The suit names the following as defendants: Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC,  Meta Platforms, RPG Lifestyle Media Private Limited and John Doe.

Wankhede has sought Rs. 2 crores as damages which will be donated to Tata Memorial Cancer Hospital for the treatment of Cancer patients.

The suit has been filed seeking permanent and mandatory injunction against the production house and others, against the allegedly “false, malicious, and defamatory video” broadcasted in the series.

It is Wankhede's case that the Netflix series has been “deliberately conceptualised and executed” with the intent to malign his reputation in a “colourable and prejudicial manner”, especially when the case involving him and Aryan khan is pending and sub-judice before the Bombay High Court and the NDPS Special Court.

It has also been averred that the series depicts a character making an “obscene gesture”, specifically, “showing a middle finger” after the character recites the slogan “Satyamev Jayate.”

This act, as per the suit, 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.

The suit further contends that the content of the series is in contravention of various provisions of the Information Technology Act and the Bharatiya Nyaya Sanhita (BNS), as it seeks to outrage national sentiment through the use of obscene and offensive material.

Title: SAMEER DNYANDEV WANKHEDE v. RED CHILLIES ENTERTAINMENTS PVT. LTD. & ORS.