No jurisdiction to hear Sameer Wankhede's defamation plea over The Ba***ds of Bollywood: Delhi HC

The Delhi High Court on Thursday ruled that it has no territorial jurisdiction to hear IRS officer Sameer Wankhede's lawsuit alleging defamation by "The Ba***ds of Bollywood" series produced by actor Shah Rukh Khan-owned Red Chillies Entertainment Pvt Ltd.

Refusing to entertain the lawsuit, Justice Purushaindra Kumar Kaurav said the parties resided in Mumbai and the alleged wrong also occurred there, leaving the courts in Mumbai with the power to deal with such a plea.

The judge clarified that Wankhede could file his plea before a court having jurisdiction over the issue. "The jurisdiction to entertain the present suit lies only with the courts in Mumbai.. This court lacks the jurisdiction to entertain the plaint; the same is, therefore, returned to the plaintiff to be presented, if so advised, before a court of competent jurisdiction. Pending applications, if any, stand disposed of," the court ruled.

According to Wankhede, "defamatory content" was created in the web series to settle personal scores with him and avenge the arrest of Shah Rukh Khan's son Aryan Khan in a 2021 drugs case. He claimed the series, written and directed by Shah Rukh Khan's son Aryan Khan, was orchestrated to target and malign him.

Wankhede sued Red Chillies and Netflix for defamation and sought an order of injunction as well as Rs 2 crore in damages, which he wanted to be donated to the Tata Memorial Cancer Hospital for cancer patients.

Wankhede, in his lawsuit, 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.

Red Chillies Entertainment and OTT platform Netflix opposed the lawsuit, saying it lacked territorial jurisdiction and the suit should have been filed in Mumbai instead of Delhi.

Netflix contended that the show was a satire and dark comedy on Bollywood culture and could not be injuncted in a defamation suit. It said the officer should not be "oversensitive" about a one-and-a-half-minute satire scene.

Red Chillies Entertainment also claimed that the officer was indulging in "forum shopping" -- choosing courts according to one’s convenience -- 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.

On the content of the series, Red Chillies said that the show touched 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. It also said "satire" was permitted in law as a legitimate form of artistic expression and social commentary.