'The Ba***ds of Bollywood' row | Sameer Wankhede's plea against web series lacks Delhi jurisdiction: Red Chillies to HC

New Delhi: Shah Rukh Khan-owned Red Chillies Entertainment on Wednesday opposed in the Delhi High Court a plea by IRS officer Sameer Wankhede seeking an interim injunction on the series The Ba***ds of Bollywood as it is a work of satire, saying he was indulging in forum shopping.

Wankhede has sought that the series, which he has alleged to be defamatory, is taken down from several websites.

The production house contended that the suit lacked territorial jurisdiction and instead of Delhi, it should have been filed in Mumbai as Wankhede resides there and even the company's registered office is in Mumbai.

Justice Purushaindra Kumar Kaurav was told by senior advocate Neeraj Kishan Kaul, who was representing Red Chillies, that Delhi's jurisdiction was created by the plaintiff on the ground that it was viewed by many residing here and several newspapers have reported about him here.

The court has listed the matter for hearing further arguments on Thursday.

"Merely because you feel something, there cannot be a cause of action. Clearly the jurisdiction is Mumbai and not Delhi. This is clearly a case where you have come for forum shopping," the lawyer argued, adding that the officer has created a bogey of cause of action in Delhi when there is none.

In its reply to Wankhede's interim application, defendant Red Chillies Entertainment Pvt Ltd said the series was a "satire" and such depiction is permitted in law as a legitimate form of artistic expression and social commentary.

Referring to several news reports, Kaul claimed that Wankhede is fond of giving interviews to the media and talked merrily about the issues after the launch of the Netflix series.

He cannot pick a one minute stray scene out of context from a seven part show to contend that it is defamatory, the lawyer said.

On the content of the series, Red Chillies said that the show touches upon various controversies in the Bollywood industry, such as nepotism, paparazzi culture, adultery, and struggles faced by newcomers with undertones of satirical elements and parody.

Wankhede, in his rejoinder to Red Chillies, said the "defamatory content" was created to settle personal scores with him and avenge the arrest of Shah Rukh Khan's son Aryan Khan in a 2021 drugs case.

"The defamatory content is a well-crafted conspiracy to misuse cinematic power for a personal vendetta and then to hide behind the convenient veil of 'satire'. Therefore, by giving the colour of satire to this calculated and vindictive 'hit job', the defendant no.1 is being mischievous before this court," the officer said.

Wankhede, on the other hand, said the series, written and directed by Aryan Khan, was orchestrated to target and malign him.

The content and tenor of the content clearly suggest that it was intended not for any dramatic or cinematic purposes but rather to settle personal and institutional scores, causing reputational harm to him, he said.

Wankhede has sued Red Chillies and Netflix for defamation and sought Rs 2 crore in damages, which he wants donated to the Tata Memorial Cancer Hospital for cancer patients.

On October 8, the high court issued notices and summons to Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC, Meta Platforms, RPSG Lifestyle Media Private Limited, and John Doe in the defamation suit and asked them to file their replies within seven days.

The plea submitted that the series disseminates a misleading and negative portrayal of anti-drug enforcement agencies, eroding public confidence in law enforcement institutions.

The suit was opposed by the counsel for Netflix.

The plea claimed that the series depicts a character making an obscene gesture -- specifically, showing a middle finger -- after the character recites the slogan "Satyamev Jayate", which is part of the National Emblem.

This act 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, it said.