The 2020 Netflix docuseries Bad Boy Billionaires stirred controversy in India, not just for exposing high-profile financial scandals, but also because it prompted Mehul Choksi, the PNB scam accused, to approach the Delhi High Court. Choksi sought to pre-screen the series, arguing that its portrayal could negatively impact ongoing legal proceedings against him and affect his personal reputation.
The Legal Battle
Choksi and his nephew Nirav Modi are accused in the Rs 13,500-crore Punjab National Bank (PNB) fraud case. In 2019, Choksi left India and was granted citizenship of Antigua and Barbuda.
According to a 2023 PTI report, he filed a plea in 2020 seeking the matter be remanded to the single judge who had earlier dismissed his petition. He argued that a two-minute segment in the Bad Boy Billionaires series allegedly showed him in a negative light, potentially affecting various legal proceedings against him in India.
Single Judge's Dismissal
The single judge had, on August 28, 2020, denied Choksi's plea, stating that "a writ petition for enforcement of a private right was not maintainable." The court noted that his remedy lay in filing a civil suit, granting him liberty to raise the issue through that channel.
The division bench of the Delhi High Court later sought responses from the Union of India and Netflix regarding Choksi's appeal challenging the single judge's order.
High Court's Interim Directive
In July 2023, PTI reported that the Delhi High Court directed Choksi to deposit Rs 2 lakh before proceeding further with his appeal. The court highlighted that Choksi was neither an Indian citizen nor a resident of India, and several other proceedings were pending against him, including payment of dues.
"This court is of the view that, in the event, the appellant (Choksi) does not prevail in the present appeal and costs are awarded to the respondent (Union of India and Netflix), there perhaps would be no method of recovering the same," the bench, comprising Justices Vibhu Bakhru and Amit Mahajan, said in its order dated July 24, 2023.
The bench added, "This court considers it apposite to direct, before these proceedings are taken, the appellant to deposit a sum of Rs 2 lakh within a period of one week from today with the registry of this court to secure the costs of the present proceeding."
Netflix's Stand
Netflix opposed Choksi's plea, arguing that such challenges were not maintainable. The streaming platform cited previous rulings, noting that over-the-top (OTT) or internet video platforms cannot be regulated by the courts in this manner and that Choksi's only recourse was to file a civil suit.
Bad Boy Billionaires was promoted by Netflix as: "This investigative docuseries explores the greed, fraud and corruption that built up - and ultimately brought down - India's most infamous tycoons." Initially scheduled for release in India on September 2, 2020, the series was eventually released in October 2020.
Choksi's Argument On Reputation
In his petition, Choksi had emphasised his right to reputation under Indian law, including the presumption of innocence under Article 21 of the Constitution of India. He claimed he was "entitled in terms of Indian law, that is, Article 21 of the Constitution of India to a presumption of innocence and a free and fair trial. Reputation being a facet of a person's life, the petitioner is also entitled to a right to a reputation."
While Choksi's plea did not succeed in stopping the release, it brought significant attention to how high-profile financial scandals are portrayed in public media.
