Sameer Wankhede vs Netflix series: Delhi HC to rule on defamation suit

The Delhi High Court is set to deliver its verdict on IRS officer Sameer Wankhede's defamation suit against Netflix and Red Chillies Entertainment, seeking the removal of allegedly defamatory scenes from the series 'The Ba***ds of Bollywood'.

The Delhi High Court will pronounce its verdict on Thursday in the defamation suit filed by Indian Revenue Service (IRS) officer Sameer Wankhede over his alleged portrayal in the Netflix series The Ba***ds of Bollywood. Justice Purushaindra Kumar Kaurav, after hearing all sides, identified two key issues to be decided at the interim stage and reserved the order, which is scheduled to be pronounced tomorrow.

Wankhede's Plea and Allegations

The court had earlier kept its decision pending on Sameer Wankhede's request for interim relief, in which he sought directions against Shah Rukh Khan's production house Red Chillies Entertainment and OTT platform Netflix for the removal of certain scenes from the series.

Wankhede, a former officer of the Narcotics Control Bureau (NCB), has alleged that portions of the series are defamatory and seek to damage his reputation. The suit relates specifically to Episode 1 of the series, between timestamps 32:02 and 33:50, where a character is shown who, according to Wankhede, closely resembles him in appearance, conduct, and mannerisms. The Netflix series was created, co-written, and directed by Aryan Khan, son of Shah Rukh Khan. Aryan Khan was arrested by Wankhede during an NCB raid on a cruise ship in 2021, though he and five others were later exonerated by the agency in 2022.

Defense Argues Lack of Jurisdiction

Red Chillies Entertainment and Netflix opposed the plea, arguing that the Delhi High Court lacked territorial jurisdiction to hear the matter. Senior advocates Neeraj Kishan Kaul for Red Chillies and Rajiv Nayyar for Netflix submitted that the suit should have been filed in Mumbai, as Wankhede's residence and Red Chillies' registered office are both located there. They also contended that the series is a fictional and satirical work set during a Bollywood success party and does not recreate the Cordelia cruise raid. Netflix further argued that merely because the series is directed by Aryan Khan, with whom Wankhede had prior interactions, does not establish malice or justify the removal of content.

Plaintiff's Counter on Jurisdiction and Reputational Harm

Appearing for Wankhede, senior advocate Jai Sai Deepak argued that the suit was maintainable in Delhi as the main impact of the alleged defamation was felt in the capital. He submitted that departmental proceedings against Wankhede are based in Delhi, several media interactions took place in the city after the series' release, and both Red Chillies and Netflix carried out substantial promotional activities in Delhi. Deepak further stated that the actor who portrayed the character in question had acknowledged representing Wankhede. He argued that media reports had independently identified the character as Wankhede and that the portrayal showed him in a negative light, thereby causing reputational harm.

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