'The Ba***ds of Bollywood' work of satire, no case for interim injunction: Red Chillies to HC

New Delhi, Oct 31 (PTI) Shah Rukh Khan-owned Red Chillies Entertainment has told the Delhi High Court that IRS officer Sameer Wankhede had no case seeking an interim injunction on the series 'The Ba***ds of Bollywood' as it is a work of satire.

Wankhede has sought to take down the series, which he has alleged to be defamatory, from several websites.

In its reply to Wankhede's interim application, the defendant, Red Chillies Entertainment Pvt Ltd, said the series was a "satire" and such depiction is permitted in law as a legitimate form of artistic expression and social commentary.

"Nowhere in the impugned clip or in the said series is the plaintiff (Wankhede) named, and the series carries a disclaimer clarifying that it is a work of fiction," it said.

The reply was filed before Justice Purushaindra Kumar Kaurav, who has granted time to the parties to file their written submissions in the matter and listed it for hearing on November 10.

Wankhede, in his rejoinder to Red Chillies, said the "defamatory content" was created to settle personal scores with him and avenge the arrest of Shah Rukh Khan's son Aryan Khan in a 2021 drugs case.

"The defamatory content is a well-crafted conspiracy to misuse cinematic power for a personal vendetta and then to hide behind the convenient veil of 'satire'. Therefore, by giving the colour of satire to this calculated and vindictive 'hit job', the defendant no.1 is being mischievous before this court," the officer said.

Red Chillies has claimed that the content constitutes artistic speech and satire protected under Article 19(1)(a) of the Constitution of India and that any prior restraint or post facto censorship of such expression can only be justified under Article 19(2).

It said that in matters concerning defamation, courts must exercise exceptional caution while granting injunctions before trial, as pre-trial restraints amount to prior restraint on freedom of speech and expression.

On the content of the series, Red Chillies said that the show touches upon various controversies in the Bollywood industry, such as nepotism, paparazzi culture, adultery, and struggles faced by newcomers with undertones of satirical elements and parody.

"It is also submitted that even prior to the release of 'Ba***ds of Bollywood', the plaintiff was already the subject of public ridicule and adverse commentary," the reply said. The firm said it was abundantly clear that the officer's reputation was not unblemished and he had come to the court with "unclean hands." Admittedly, the plaintiff is a "public official", and as such, must not be overly thin-skinned, it said.

The company said that since the series is a work of satire, no injunction ought to be granted.

Wankhede, on the other hand, said the series, written and directed by Aryan Khan, was orchestrated to target and malign him.

The content and tenor of the content clearly suggest that it was intended not for any dramatic or cinematic purposes but rather to settle personal and institutional scores, cause reputational harm to him, he said.

Wankhede has sued Red Chillies and Netflix for defamation and sought Rs 2 crore in damages, which he wants donated to the Tata Memorial Cancer Hospital for cancer patients.

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

The plea submitted that the series disseminates a misleading and negative portrayal of anti-drug enforcement agencies, 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. PTI SKV VN VN