Delhi HC declines to grant interim injunction on airing Netflix series "Hasmukh"

The Delhi Court on Tuesday declined to grant interim stay on the new Netflix series “Hasmukh” which stars Vir Das. The plea, moved by Advocate Ashutosh Dubey, claimed that the fictional series maligned the reputation of advocates, especially episode 4 of Season 1, titled “Bambai Main Bambu” which allegedly makes disparaging comments against lawyers. Justice Sanjeev Sachdeva was presiding over the matter. Senior Advocate Amit Sibal appeared for Netflix along with Advocates Saikrishna Rajagopal, Thomas George, Tanvi Sinha, and Manas Gaur, while comedian and actor Vir Das was represented by a team from Anand & Anand & Khimani headed by Priyanka Khimani, along with Abhineet Pange, Chaitrika Patki, and Preeta Panthaki.

The court observed that “The very essence of democracy is that a creative artist is given the liberty to project the picture of the society in a manner he perceives. One of the prime forms of exposing the ills of the society is by portraying a satirical picture of the same. Stand-up comedians perform that very purpose. In their portrayal they use satire and exaggerate the ills to an extent that it becomes a ridicule. In the humorous portrayal of the ills of the society the stand-up comedians use satire.”

The court also observed that granting an ad-interim injunction would amount to interference in the freedom of speech and expression as under Article 19(1)(a) of the Indian Constitution. It was further recorded by the court that the plaintiff had not been able to show that the comment, made in the show, in any manner referred to him or to a definite group of individuals or lawyers out of the entire class of lawyers to which he belonged. It was also stated that the plaintiff had failed to establish a prima facie case, which is an essential for the issuance of an ad interim injunction.