Sameer Wankhede was already subject of public ridicule: SRK production house to Delhi High Court

Shah Rukh Khan’s production house Red Chillies Entertainment has told the Delhi High Court that IRS officer Sameer Wankhede’s reputation was already subject of  public ridicule and adverse commentary much before the release of web series 'Ba***ds of Bollywood' [Sameer Dnyandev Wankhede Vs. Red Chillies Entertainments Pvt. Ltd. & Ors].

Red Chillies made the submission in response to Wankhede’s defamation suit seeking an injunction and takedown of scenes allegedly ridiculing him in the Aryan Khan-directed Netflix show.

The written response referred to the proceedings initiated by Central Bureau of Investigation (CBI) against Wankhede on charges of criminal conspiracy and extortion under the Indian Penal Code and Prevention of Corruption Act. The production house refuted Wankhede’s claim that there was no criminal prosecution against him and that his record is “unblemished.”

“Even prior to the release of “Ba***ds of Bollywood” (“the said series”), the Plaintiff was already the subject of public ridicule and adverse commentary. The Plaintiff's involvement in the aforementioned FIR had attracted significant public attention and criticism, as is clearly demonstrated by numerous social media posts, news articles, and public discourse surrounding the allegations. These materials establish that the Plaintiff's reputation had already been adversely affected in the public domain well before the release of the said series,” the reply said.

Red Chillies also argued that the series is in the nature of satire and parody, which is a protected form of expression and does not constitute defamation.

"In the present case, not only the impugned clip but the entire series is a work of fiction and constitutes satire, which is a protected form of expression. Consequently, no injunction ought to be granted, as the Defendants have a prima facie defense based on situational satire, which cannot be summarily dismissed at this interlocutory stage."

According to Red Chillies, the series carries an express disclaimer that the characters and events depicted are fictitious and satirical.

“Granting an injunction in such circumstances would set a dangerous precedent, engendering a chilling effect upon artistic and creative freedom, particularly when courts have consistently recognized that democratic discourse thrives upon satire, caricature and creative license,” the reply stated.

It further said that the suit is not maintainable in Delhi.

Pertinently, the Court in the first hearing had directed Wankhede to amend the plaint to establish how cause of action is made out in the national capita.

However, the Court later issued summons to Red Chillies Entertainment, Netflix, Google, X Corp and Meta and sought their responses to a defamation suit.

The suit was today listed before Justice Purushaindra Kumar Kaurav. After a brief hearing, the Court posted it for arguments on November 10. 

Senior Advocate J Sai Deepak appeared for Wankhede and stated that he will be filing a written submission. The Court then directed that the written submission be filed before November 6.

On the last date of hearing, the Court had issued summons to Red Chillies Entertainment, Netflix, Google, X Corp and Meta and sought their responses to a defamation suit.

In the year 2021, Wankhede, the Zonal Director of Narcotics Control Bureau, had arrested Aryan Khan son of Bollywood actor Shah rukh Khan, under the Narcotic Drugs and Psychotropic Substances Act at a drug raid in Mumbai. He was later cleared of the charges.

Wankhede moved the High Court by way of the present defamation suit, claiming that a scene in the Netflix series involves a man bearing his resemblance and the scene "targets and ridicules" him in the Khan-directed series.

Wankhede has sought damages of ₹2 crore from the show's producer Red Chillies Entertainment - owned by actor Shah Rukh Khan and his wife Gauri Khan - and Netflix.

'X' Corp, Google, Meta and a media outlet RPG Lifestyle Media Pvt. Ltd are also parties to the suit.

Wankhede has also sought takedown of the defamatory content and injunction to restrain the publication and dissemination of any further defamatory statements regarding him. The ex-Narcotics Control Bureau (NCB) officer said that his portrayal in the series was false, malicious and defamatory.

Senior Advocate J Sai Deepak appeared for Wankhede.

Senior Advocates Neeraj Kishan Kaul and Shyel Trehan 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 with Advocate Saikrishna Rajagopal appeared for Netflix.

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