Today, On 29th January, The Delhi High Court dismissed Sameer Wankhede’s defamation suit over Aryan Khan’s Netflix series, holding it had no jurisdiction. It ruled, “This Court lacks the jurisdiction to entertain the plaint,” and allowed him to move a competent court.
The Delhi High Court dismissed a defamation lawsuit filed by IRS officer Sameer Wankhede concerning the Netflix series Ba**ds of Bollywood*, which is directed by Aryan Khan.
Justice Purushaindra Kumar Kaurav determined that the High Court lacked the jurisdiction to adjudicate the issue, allowing Wankhede the option to approach a court with appropriate authority.
The Court’s order stated,
“This Court lacks the jurisdiction to entertain the plaint. The plaint is returned to the plaintiff to approach the Court of competent jurisdiction. Application, if any, stands dismissed,”
In 2021, Wankhede, the Zonal Director of the Narcotics Control Bureau, had arrested Aryan Khan, the son of Bollywood actor Shah Rukh Khan, under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) following a drug raid in Mumbai.
Aryan Khan was subsequently exonerated of all charges.
In his defamation claim submitted to the High Court, Wankhede asserted that a character in Ba**ds of Bollywood* resembled him and that the depiction was intended to mock and insult him. He sought Rs.2 crore in damages from the show’s producer, Red Chillies Entertainment owned by Shah Rukh Khan and Gauri Khan as well as Netflix.
In addition to financial damages, Wankhede requested the removal of the alleged defamatory content and an injunction to prevent any further defamatory statements about him from being published or disseminated.
The Court had earlier summoned Red Chillies Entertainment, Netflix, Google, X Corp, and Meta, requesting their responses to the defamation suit. In its written response, Red Chillies noted that Wankhede’s reputation had already been the subject of public scorn and criticism prior to the show’s release, referencing ongoing investigations by the Central Bureau of Investigation (CBI) against him for criminal conspiracy and corruption charges.
Red Chillies contended that the series functions as a form of satire and parody, which is protected under free expression and should not be deemed defamatory.
Senior Advocate Rajiv Nayar, representing the streaming platform, highlighted that the show features self-referential humour involving Karan Johar, portrays Imran Hashmi as an intimacy coach, and discusses themes such as drug use, the #MeToo movement, casting couch issues, nepotism, and the insider vs. outsider debate, indicating that the series reveals the darker sides of Bollywood.
Nayar asserted,
“Everybody has been painted with some side of parody or satire,”
Wankhede’s counsel, Senior Advocate J Sai Deepak, countered that Wankhede, known for his commendable track record, was unfairly ridiculed due to the ongoing discord between the parties.
He argued that there was malicious intent and vendetta in Wankhede’s depiction in the show and claimed that retribution influenced the content.
He emphasized that the defense of satire is not absolute, suggesting that Shah Rukh Khan’s production company specifically targeted a public servant in the series, “Producer is a big giant. They have come after a public servant,” Wankhede’s counsel stated in court. During the proceedings, the Court considered the boundaries of artistic freedom before ultimately dismissing Wankhede’s petition for lack of jurisdiction.
Senior Advocate J Sai Deepak represented Wankhede, while Senior Advocates Neeraj Kishan Kaul and Shyel Trehan, along with advocates Janay Jain, Monisha Mane Bhangale, Bijal Vora, Rohan Poddar, Vidhi Jain, Pranav Sarthi, Apoorva Singh, Ayush Raj, Prachi Dhingra, Utkarsh Vatsa, Udit Bajpai, and Ashutosh Agarwal, appeared for Red Chillies Entertainment.
Senior Advocate Rajiv Nayyar, accompanied by advocate Saikrishna Rajagopal, represented Netflix.
Case Title: SAMEER DNYANDEV WANKHEDE V/S RED CHILLIES ENTERTAINMENTS PVT.LTD AND ORS.
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