'Forum Shopping': Red Chillies Argues Sameer Wankhede's Defamation Suit Against 'Bads Of Bollywood' Belongs In Bombay, Not Delhi High Court

Red Chillies Entertainment on Wednesday opposed before the Delhi High Court the defamation suit filed by IRS Officer Sameer Wankhede over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan  

Senior Advocate Neeraj Kishan Kaul appearing for the production company submitted before Justice Purushaindra Kumar Kaurav that the suit lacked territorial jurisdiction, and should have been filed in Bombay, instead of Delhi. 

Kaul was opposing Wankhede's interim injunction plea. He said that since Wankhede resides in Bombay and Red Chillies' registered office is also present there, the correct jurisdiction for the filing of the suit should have been Bombay.

“The jurisdiction is created in Delhi by saying that it is viewed by many, papers have reported about me. Merely because you feel something, there cannot be cause of action…Apart from creating bogey of cause of action in Delhi when there is none… Clearly the jurisdiction is Bombay and not Delhi. This is clearly a case where you have come court shopping,” Kaul said.

He also said that Wankhede is “fond of giving interviews” to the media and “talked merrily” about the issues after the launch of the Netflix series. He referred to various news articles published in the last two years carrying details about the allegations of extortion against Wankhede, as well as CBI and ED FIRs registered against him. He said that the information and allegations against Wankhede were available on the internet even before the series came out.

He said that even after the launch of the show, Wankhede has given interviews to say that “it is all humour to him.” Kaul also said that whatever is published against Wankhede on the internet is not the concern of Red Chillies Entertainment.

“The reason I am showing these are because these are instances of 2023 which have been reported. They are in public domain. Have you taken action? I am not defending my depiction of the scene on the basis of this article but when he says I am wrongly targeted, I have to point out that not only are you extremely fond of giving interviews but there are inquiries pending,” he said.

Kaul added that the Bombay High Court, in the CBI and ED cases, has only said that no coercive action be taken against Wankhede, which means that the investigations are still on.

Kaul further submitted that merely because Wankhede alleges that things are posted on internet against him which have far reach will not be enough and that he will have to satisfy the test of defamation.

He added that Wankhede cannot pick a one minute stray scene out of context from a seven part show to contend that the same is defamatory.

Kaul said that the show is not a biopic or documentary, and that Red Chillies is fully entitled to be inspired by real time persons and events.

“Even if I am portraying you unfairly, it can never be the case...every scene is exaggerated and if I don't bring that wit, I will never be able to convey the message I want to convey,” he said.

The suit names the following as defendants: Red Chillies Entertainment Private Limited, Netflix, X Corp (formerly Twitter), Google LLC, Meta Platforms, RPG Lifestyle Media Private Limited and John Doe.

Wankhede has sought Rs. 2 crores as damages which will be donated to Tata Memorial Cancer Hospital for the treatment of Cancer patients.

The suit has been filed seeking permanent and mandatory injunction against the production house and others, against the allegedly “false, malicious, and defamatory video” broadcasted in the series.

It is Wankhede's case that the Netflix series has been “deliberately conceptualised and executed” with the intent to malign his reputation in a “colourable and prejudicial manner”, especially when the case involving him and Aryan khan is pending and sub-judice before the Bombay High Court and the NDPS Special Court.

It has also been averred that the series depicts a character making an “obscene gesture”, specifically, “showing a middle finger” after the character recites the slogan “Satyamev Jayate.”

This act, as per the suit, 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.

The suit further contends that 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.

Case Title: SAMEER DNYANDEV WANKHEDE v. RED CHILLIES ENTERTAINMENTS PVT. LTD. & ORS