The Delhi High Court has deemed the defamation suit filed by IRS officer Sameer Wankhede against the Netflix series "Ba***ds of Bollywood" as "not maintainable" in its current form. Justice Purushaindra Kumar Kaurav presided over the matter, raising concerns about the plaint's cause of action and maintainability.
Wankhede, the former Narcotics Control Bureau (NCB) zonal director, initiated the suit seeking an injunction against the series, which he alleges was directed by Aryan Khan with the intention of damaging his reputation. He has named multiple defendants, including Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC, Meta Platforms, and RPG Lifestyle Media Private Limited. Wankhede is seeking ₹2 crore in damages, which he intends to donate to the Tata Memorial Cancer Hospital for cancer patients.
During the hearing on Friday, the High Court questioned the basis for filing the civil suit in Delhi. Senior Advocate Sandeep Sethi, representing Wankhede, argued that the web series is accessible across cities, including Delhi, and that allegedly defamatory content targeted him in the capital. However, the Court found Wankhede's averments under Section 9 of the Civil Procedure Code (CPC) and specific facts in paragraphs 37 and 38 of the plaint insufficient to establish jurisdiction in Delhi.
Justice Kaurav stated that the court might have considered the case if it had been framed to demonstrate defamation occurring in multiple places, including Delhi, with the maximum damage occurring within Delhi. The court emphasized that Section 9 of the Code of Civil Procedure (CPC) requires a proper demonstration of jurisdiction and cause of action.
Despite rejecting the plaint in its current form, the High Court granted Wankhede the opportunity to amend it. The court did not set a new hearing date but instructed the registry to list the matter once the amended application is filed.
Wankhede's suit alleges that his portrayal in "Ba***ds of Bollywood" is "false, malicious, and defamatory," arguing that the content produced by Red Chillies and broadcast on Netflix misrepresents him. He specifically objects to a scene featuring a character resembling him, claiming it portrays him as an officer of doubtful integrity. He also contends that the series includes a scene where a character raises a middle finger after uttering the national slogan "Satyamev Jayate," which he argues violates the Prevention of Insults to National Honour Act, 1971.
The lawsuit is rooted in events from Aryan Khan's arrest in 2021 during an NCB drug raid on a Mumbai cruise ship. Wankhede, who made headlines after arresting Shah Rukh's son Aryan, alleges that the series includes scenes resembling his actions during the arrest, prompting him to file the suit. The NCB exonerated Khan and five others in 2022.
