The Delhi High Court on Monday resumed hearing the arguments in the defamation suit filed by Sameer Wankhede against Netflix series Ba***ds of Bollywood.
While hearing the arguments by Senior Advocate Kaul appearing for Red Chillies, he told the court that even if it is unkind and unjust, it is a Satire.
High Court at this point replied that "Yes, that is why it is satire!"
However, the court also pointed out the bias that exists in the backdrop of the Cordelia Cruise incident involving Aryan Khan and Sameer Wankhede.
Senior advocate Kaul, appearing for Red Chillies, argued that these are fictional characters, and if the court entertains this plea by Wankhede, then other producers, paparazzi can appear with similar claims against the series, which is a satire on Bollywood.
"I am entitled to do this. You are putting a gun to my head in the plaint. Of course, I can say that I am inspired by characters....Every producer, paparazzi can appear tomorrow, my face resembles.
While citing the example of RK Lakshman, the senior advocate said it can be inspired by persons in a position of authority.
"That is what we have been proud of in our country. RK Laxman's character is an example who ridiculed the Prime Minister."
At this point, the Delhi High Court pointed out that RK Laxman did not have any bias. (like the Cruise incident involving Aryan Khan and Wankhede).
Senior Advocate J Sai Deepak, appearing for Wankhede, asked the court that even if they claim it is a Satire, then they must admit who it is based on, as Satires are based on real incidents.
"Satire is usually based on something that exists, not fiction. Satire is based on something. Who are you making a satire on?" He asked.
Arguing that a Mockery has been made of Wankhede, Mr Deepak argued that Red Chillies and Netflix lose nothing if this scene is removed.
"It does not add the flow or narrative of the script, while it affects me." He argued.
Deepak further argued that post the Cordelia Cruise arrest and investigation concerning Aryan Khan, several cases have "fallen like a brick" on Wankhede.
The court then asked about the pending cases against Wankhede, which included CBI, ED and CAT proceedings in different cases.
Deepak further referred to the profane act after "Satyamev Jayate" in the series, of which NHRC has taken cognisance of and registered a case.
"Do I deserve this trial in public opinion?" Wankhede asked the court.
Senior Advocate Kaul, appearing for Red Chillies, however, argued that CBI and ED enquiries are not Red Chillies' creation.
He pointed out the case involved the director of the movie ( Aryan Khan) and not Red Chillies or Netflix.
Wankhede's lawyer also cited a Review by Kamal R Khan to show the court the threat and ridicule against him caused by "Ba***ds of Bollywood"
While reading a review statement by Kamal R Khan, the lawyer claimed that by this series, Wankhede's family has been exposed to threats and ridicule.
He reads some comments and threats directed at Wankhede's wife and sister.
"The show has convinced people that I have no integrity. "Chor, and what else?" Wankhede's lawyer told the court.
"Red chillis and Netflix are in cahoots with each other. They are not saying we are just an intermediary, so a certain degree of liability is on Netflix as well."
Mr Deepak added that disclaimers have no impact on public memory; it has the opposite impact.
The Delhi High Court will continue hearing the matter on November 26.