Delhi HC refuses to grant interim stay on Vir Das' Netflix show Hasmukh; hearing on permanent injunction in July

The Delhi High Court on Tuesday declined to grant interim stay on airing of Vir Das’s Hasmukh on Netflix, dismissing a plea that had claimed the fictional series maligned the reputation of advocates.

Justice Sanjeev Sachdeva dismissed the application moved by lawyer Ashutosh Dubey.

The main petition seeking a permanent injunction on the airing of the show is pending and listed for hearing in July.

The suit seeking an injunction on the airing of the series or deletion of some of its content, especially from its fourth episode said the web series maligned the image and reputation of advocates everywhere.

The plaintiff had claimed that in episode 4 of the web series, lawyers have been allegedly referred to as thieves, scoundrels, goons and rapists.

Apart from seeking to stop airing if the show, the plaintiff had also sought directions to the web series producers, directors, and writer to “tender unconditional apology online for maligning the image of the lawyers’ community, which includes judges too as they too had been lawyers at one point of time.”

Netflix, represented by advocate Saikrishna Rajagopal, said in the court that an injunction on the show would be contrary to freedom of speech and expression guaranteed under the Constitution.

It has argued that there are several judgments that say lawyers as a class cannot be defamed.

It has said that if an injunction is granted in this matter then it will open the floodgates to defamation litigation by “so-called class of persons, including chartered accounts, engineers, doctors, IAS officers, police officers, who may not agree with any cinematic or theatrical portrayal of their class.”

Netflix further contended that if the suit was allowed then it would “sound the death knell for parodies and satire” which rely on making people laugh through critical comments on the state of affairs in society.

It added that web series Hasmukh is a work of fiction and the statements made in it by its characters are only meant to be taken as a figment of imagination and humour and not as a matter of truth.

In the show, the protagonist, in each episode, murder professionals from various facets of life who have committed some wrong and then performs a stand-up act on such people, Netflix said.

(With inputs from Press Trust of India)