Delhi HC Questions Maintainability Of Sameer Wankhede’s Defamation Suit Against Netflix, Red Chillies

The Ba*ds Of Bollywood

The Delhi High Court on Friday heard a defamation suit filed by IRS officer and former NCB Mumbai zonal director Sameer Wankhede against Netflix, Red Chillies Entertainment (owned by actor Shah Rukh Khan and Gauri Khan), and others over the documentary series “Ba**ds of Bollywood.”

The matter was taken up by Justice Purushaindra Kumar Kaurav, with Senior Advocate Sandeep Sethi representing Wankhede, while Senior Advocates Harish Salve and Mukul Rohatgi appeared for Netflix and Red Chillies.

Court Questions Jurisdiction

At the outset, Justice Kaurav asked Wankhede’s counsel to explain the cause of action for filing the suit in Delhi.

Sethi argued that since the series was released for audiences across India, including Delhi, and memes targeting Wankhede were circulating in the Capital, jurisdiction was justified.

The court, however, disagreed, “Your plaint is not maintainable. I am rejecting your plaint. Had your case been that you were defamed at various places, including Delhi, and that maximum damage occurred here, we would have still considered it,” Justice Kaurav observed.

Citing Section 9 of the Code of Civil Procedure (CPC), the judge noted that the plaint had failed to clearly explain how the civil suit could lie in Delhi, particularly in paragraphs 37 and 38 of the petition.

When Sethi sought time to amend the plaint, Justice Kaurav clarified:

“I am not giving any date. The Registry will give the date once the application is listed.”

The hearing then concluded.

Wankhede’s Allegations

Wankhede has sought a permanent and mandatory injunction, declaration, and damages of ₹2 crore, which he has proposed to donate to Tata Memorial Cancer Hospital.

He alleges that the Netflix series is false, malicious, and defamatory, designed to erode public confidence in India’s anti-drug enforcement agencies by portraying them in a misleading manner.

Objectionable Scenes Highlighted

The suit also points to a scene where a character recites “Satyamev Jayate” before making an obscene middle-finger gesture. According to Wankhede, this amounts to a violation of the Prevention of Insults to National Honour Act, 1971, attracting penal consequences.

Further, the plea argues that the series violates provisions of the Information Technology Act and the Bharatiya Nyaya Sanhita (BNS) by circulating obscene and offensive material that can outrage national sentiment.

Link To Aryan Khan Case

Wankhede maintains that the series was deliberately conceptualised to malign him, particularly since cases involving him and actor Shah Rukh Khan’s son Aryan Khan remain pending before the Bombay High Court and the NDPS Special Court in Mumbai.

With the court rejecting the plaint for lack of jurisdiction but granting Wankhede liberty to amend, the matter now depends on whether he can sufficiently establish Delhi as a proper venue for the defamation suit.