Delhi HC declines to hear Sameer Wankhede’s plea against Netflix series, cites lack of jurisdiction

Delhi HC declines to hear Sameer Wankhede’s plea against Netflix series, cites lack of jurisdiction

The Delhi High Court on Thursday refused to entertain a plea filed by Indian Revenue Service (IRS) officer Sameer Wankhede over his alleged defamatory portrayal in the Netflix series The Ba**ds of Bollywood, holding that it does not have the territorial jurisdiction to hear the case.

While dismissing the plea, the Court made it clear that Wankhede is free to approach the appropriate court for relief.

The ruling came on an interim injunction application filed by Wankhede as part of a civil suit against the makers of the series, which is directed by Aryan Khan and produced by Red Chillies Entertainment—owned by Bollywood actor Shah Rukh Khan—along with Netflix.

The High Court had reserved its order on the application last year after hearing detailed arguments from all sides.

Justice Purushaindra Kumar Kaurav had identified two key issues for consideration at the interim stage: whether the suit was maintainable before the Delhi High Court, and whether Wankhede’s portrayal in the series, when viewed in its entirety, caused prima facie actionable harm.

Appearing for Wankhede, Senior Advocate J Sai Deepak argued that the case was maintainable in Delhi. He pointed out that Wankhede’s relatives reside in the national capital, departmental proceedings against him are pending in Delhi, and several media organisations—such as Hindustan Times and The Indian Express—which published reports against him, are also based here.

Deepak submitted that applying the “wrong done” test to the amended plaint satisfied the requirements for invoking the Court’s jurisdiction.

He further argued that the defendants had not shown any precedent where defamation relief was denied despite a prior history between the parties. Referring to the background of the dispute, Deepak said the director of the series was the same person who had earlier been arrested, and the content in question was clearly aimed at Wankhede.

“There is a prima facie clear link between their vendetta and angst against me and the defamation the content has exposed me to,” he submitted, adding that Wankhede was suffering irreparable harm for as long as the impugned content remained available on the platform.

“This is a clear case of malice. People acting with malice cannot hide behind the shield of free speech and satire,” he argued, seeking the removal of the allegedly defamatory portions.

The plea was opposed by Red Chillies Entertainment on the issue of jurisdiction. Senior Advocate Neeraj Kishan Kaul, appearing for the production house, argued that the suit ought to have been filed in Bombay, since both Wankhede’s residence and the company’s registered office are located there.

Kaul submitted that merely alleging wide online circulation was not enough to confer jurisdiction on the Delhi High Court. He also argued that Wankhede could not rely on a brief, out-of-context scene from a seven-episode series to claim defamation, and would still have to meet the high legal threshold required in such cases

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