Delhi HC flags Sameer Wankhede’s plea against The Bads of Bollywood as not maintainable –

Delhi HC flags Sameer Wankhede plea against The Bads of Bollywood:

The Delhi High Court on Friday flagged serious jurisdictional concerns in the defamation suit filed by former NCB officer Sameer Wankhede against the makers of The Bads of Bollywood, and declared that the plaint was “not maintainable” in its present form.

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Wankhede’s legal team had contended that the web series—streamed across multiple cities including Delhi—and associated memes circulating in the capital, constituted defamation in Delhi. But Justice Purushaindra Kumar Kaurav struck back, challenging how the cause of action truly arose in Delhi and observing that the plaint did not sufficiently plead facts to justify a Delhi forum under Section 9 of the Code of Civil Procedure (CPC).

The court remarked, “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.”

However, the court allowed Wankhede some leeway: he may amend the plaint to better frame jurisdictional grounds. The Registry will list his amended application at a future date. 

Wankhede’s suit had sought a permanent injunction, a declaration of defamation, and ₹2 crore in damages (which he proposed to donate to Tata Memorial Cancer Hospital).

His claim centers on a portrayal in The Bads of Bollywood that he alleges is “false, malicious, and defamatory,” including a scene where a character exhibits an obscene gesture (i.e. middle finger) after reciting “Satyamev Jayate.” He has filed a defamation case of Rs. 2 crore and said that the amount will be donated to the Cancer Hospital.

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With this order, Wankhede faces a procedural setback in Delhi; whether he realigns his suit or relocates it (e.g. to Mumbai) remains to be seen.

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