Red Chillies urges Delhi HC to dismiss Wankhede defamation suit over ‘Ba***ds of Bollywood’

The series, airing on Netflix, was created, co-written, directed by Aryan Khan, who was arrested by Wankhede in an NCB raid on a cruise ship in 2021

New Delhi: Red Chillies Entertainment Limited, owned by actor Shah Rukh Khan and Gauri Khan, has urged the Delhi High Court to dismiss former Narcotics Control Bureau (NCB) zonal director Sameer Wankhede’s defamation suit over the series *Ba**ds of Bollywood*, arguing that he was already under public scrutiny over alleged bribery charges in the Aryan Khan case and that the series did not damage his reputation.

Wankhede had approached the court to take down the content from Episode 1 of the series, specifically from the timestamp 32:02 to 33:50, which features a character who closely resembles him.

The series, airing on Netflix since September 18, was created, co-written, and directed by Aryan Khan, Shah Rukh Khan’s son, who was arrested by Wankhede in an NCB raid on a cruise ship in 2021. Aryan and five others were exonerated by the NCB in 2022.

In its reply filed earlier in October in response to Wankhede’s application for the take-down of certain content from the series, Red Chillies Entertainment described the series as a situational satire on the Bollywood industry set in Mumbai and said that the depiction of characters is purely satirical, parodic in nature, and does not amount to defamation.

The 35-page reply filed by advocate Pranav Sarthi further said that all characters in the series are intentionally depicted with exaggerated traits and mannerisms to generate humour and underscore societal or situational absurdities, and that the suit seeks to curtail and suppress legitimate artistic expression, parody, and satire, which are protected under the law. The suit, Red Chillies Entertainment said, is a result of Wankhede’s hypersensitivity.

“It is also submitted that even before the release of *Ba***ds of Bollywood*, 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 plaintiff, who has an already contested public image, has sought to invoke the defamation proceedings merely to silence artistic and satirical/humorous portrayals,” the reply said.

It added, “At the outset, the answering Defendant submits that the said series in its entirety is conceived and presented as a situational satire of the Bollywood industry set in Mumbai and is intended to humorously depict a variety of characters in an exaggerated manner. The said portrayal of the characters in the said series is purely in the nature of satire and parody, and in no manner amounts to defamation.”

Wankhede had approached the court to take down the content from Episode 1 of the series, specifically from the timestamp 32:02 to 33:50, which features a character who closely resembles him in both appearance and mannerisms. The character is portrayed as an officer arriving at a scene in a private vehicle, chanting “Satyamev Jayate,” and shown wearing a luxury belt and wristwatch to target individuals connected to the film industry.

In his suit, Wankhede had alleged that the makers deliberately maligned his reputation, as the series features a character who closely resembles him in both appearance and mannerisms.

Although Wankhede’s suit was listed before a bench of justice Purushindra Kumar Kaurav on Thursday, it was adjourned to November 10 after the court granted time to all parties, including Red Chillies, Netflix, and Sameer Wankhede, to file their written submissions.

Red Chillies was represented by senior advocates Neeraj Kishan Kaul and Shyel Trehan; senior advocate Rajiv Nayyar represented Netflix, and Wankhede was represented by senior advocate J Sai Deepak.

In its reply, Red Chillies Entertainment contended that the clip Wankhede seeks to remove is essential to the series’ overall storyline, and deleting it would create a “broken narrative,” undermining the integrity of the series as a whole.

“Although the impugned clip has a total duration of less than two minutes, it is integral to the overall storyline of the said series, and its deletion or removal would result in a broken narrative, thereby compromising the integrity of the series as a whole,” the reply said.

The police officer in the series, the reply stated, is merely portrayed as an “overzealous officer” and neither names him. “The Defendant submits that the Plaintiff has not been named, referred to, or otherwise identified in the said series. The character depicted in the said series, which the Plaintiff appears to be aggrieved by, appears briefly (for not more than one minute and forty-eight seconds). Moreover, the character appears in a “Non-Government Vehicle,” which has no reference to the Plaintiff’s tenure with the Narcotics Control Bureau (NCB) and/or with the Indian Revenue Service (IRS). Additionally, even the impugned clips show a fictional character, namely “Vaastav Srivastav,” getting arrested,” it added.