Delhi HC asks Wankhede, Red Chillies, Netflix to reply in defamation case

The Delhi High Court on Thursday granted time to IRS officer Sameer Wankhede, actor Shah Rukh Khan-owned Red Chillies Entertainment and OTT platform Netflix to file their written submissions in a defamation suit relating to the series 'The Ba***ds of Bollywood'.

Wankhede has filed a defamation suit against Red Chillies and Netflix for allegedly maligning his reputation in their series and has also sought Rs 2 crore in damages, which he wants donated to the Tata Memorial Cancer Hospital for cancer patients.

Justice Purushaindra Kumar Kaurav asked the parties to file their written submissions and listed the matter for hearing on November 10.

On October 8, the high court issued notices and summons to defendants 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.

As an interim relief, Wankhede has also sought to take down the alleged defamatory content from several websites.

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

It said the series has been deliberately conceptualised and executed with the intent to malign Wankhede's reputation in a colourable and prejudicial manner, especially when the case involving the officer and Shah Rukh Khan's son Aryan Khan is pending and sub judice before the Bombay High Court and the Narcotic Drugs and Psychotropic Substances (NDPS) Special Court in Mumbai.

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.

The plea said the content of the series is in contravention of various provisions of the Information Technology Act and the Bharatiya Nyaya Sanhita (BNS), as it seeks to outrage national sentiment through the use of obscene and offensive material.