Why Sameer Wankhede Lost in Delhi HC and What It Means for OTT Defamation Suits - Explained

The Delhi High Court’s recent decision to return Sameer Wankhede’s defamation plaint against Netflix and Red Chillies Entertainment has sent a clear message to high-profile litigants. By refusing to entertain the suit over a lack of territorial jurisdiction, the court has addressed the controversial practice of "forum shopping" the strategic choosing of a court deemed most likely to provide a favourable outcome. Aryan Khan’s 'The Ba***ds of Bollywood: Delhi HC Refuses to Entertain Sameer Wankhede’s Defamation Plea Against Netflix and Shah Rukh Khan’s Red Chillies Entertainment.

The Jurisdictional Roadblock

On Thursday, Justice Purushaindra Kumar Kaurav ruled that the Delhi High Court was not the appropriate venue for Wankhede’s INR 2 crore defamation suit. The IRS officer had alleged that the series The Ba***ds of Bollywood, directed by Aryan Khan, featured a derogatory caricature of his professional conduct during the 2021 Cordelia cruise raid. The court noted that because the plaintiff, the producers, and the streaming platform’s primary offices are based in Mumbai, the case lacked a "cause of action" in the national capital. "The mere fact that the content is accessible in Delhi does not automatically grant this court the jurisdiction to adjudicate a defamation claim when all primary parties reside elsewhere," the court observed.

Delhi HC Cracks Down on Forum Shopping in OTT Cases

Legal experts view this order as a significant check on "forum shopping." In recent years, Delhi has become a preferred destination for filing suits against OTT platforms and creators, even when the disputes originate in other states. Litigants often cite the "global reach" of the internet to justify filing in the capital. The court, however, remained firm. "If every digital broadcast were subject to jurisdiction in any city where it is viewed, it would lead to a chaotic legal landscape where creators are forced to defend themselves in multiple jurisdictions simultaneously," the bench remarked during the proceedings.

The Satyamev Jayate Slogan Controversy

Wankhede’s legal team, led by J. Sai Deepak, argued that the grievance extended beyond personal defamation. They pointed to a specific scene where a character performs an offensive gesture after reciting the national slogan "Satyamev Jayate," calling it an insult to national honour. Despite these arguments, the court maintained that such grievances do not bypass the fundamental rules of territorial jurisdiction. While the content may be provocative, the law requires a defamation suit to be filed where the dispute has the strongest ‘nexus’- which, in this case, is Mumbai. Sameer Wankhede vs Shah Rukh Khan Flashpoint: Ex-NCB Officer Moves Delhi High Court Against Netflix and Red Chillies, Claims Aryan Khan’s ‘Ba***ds of Bollywood’ Is ‘Defamatory’.

Sameer Wankhede and Shah Rukh Khan Dispute

This legal setback is the latest chapter in the friction between the former NCB officer and the Khan family. The tension dates back to the 2021 arrest of Aryan Khan, who was later cleared of all charges. Wankhede subsequently faced a CBI probe into allegations of extortion and procedural irregularities. The Netflix series, which serves as Aryan Khan’s directorial debut, has been characterized by the defense as a "fictional satire" on the film industry. The producers argued that the suit was an attempt to stifle creative expression through "litigious harassment." Sameer Wankhede Booked in Corruption Case: CBI Registers Graft Case Against Ex-NCB Mumbai Chief For Allegedly Demanding Rs 25 Crore Bribe For Not Framing Aryan Khan in Drug Bust Case.

What Happens Next?

The "return of the plaint" is not a judgment on the merits of Wankhede’s defamation claims, but a procedural rejection. Wankhede now has the liberty to refile the case in a Mumbai civil court. For the OTT industry, the Delhi High Court’s stance provides a layer of protection against fragmented litigation. It reinforces the principle that digital accessibility does not grant a "blanket jurisdiction" across the country, potentially slowing the trend of strategic forum-seeking in entertainment law.

(The above story first appeared on LatestLY on Jan 30, 2026 03:20 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).