Ashutosh Dubey vs Netflix, Inc & Ors. on 5 May, 2020
4. It is submitted that the remarks are not humorous nor come across as a joke and are not even
near to any satire nor within the boundaries of a critique. The dialogue with regard to which the
subject suit has been filed is: "Aisa pehla shehar dekha hai humne jahan chor bhi bade ameer hote
hain. Lekin yahan unka naam chor nahin 'vakeel' hota hai. Aapke Vakeel sabse bade kamine aur
chor hote hain. Ye kanoon ke thekedaar jo kabhi nahin honge giraftaar, kyunki ye kalam ke saath
karte hain balatkaar. Are bhaiya, log kehte hain ki kanoon andha hota hai, main kehta hoon kanoon
ganda hota hai, kyunki har vakeel ke haath mein chota sa itna danda hota hai."
" . '' . . . ."
"This is the first city I have seen where even the thieves are rich. But out here, they're called lawyers.
Your lawyers are the biggest scoundrels and thieves. These so-called upholders of law will never be
brought to justice because they rape you with their pen. People say the law is blind. But I say the law
is dirty because every lawyer carries a little stick in his hand. "
5. It is contended by the plaintiff that the dialogue is highly disparaging, defamatory and bring
disrepute to the legal profession and lawyers in the eyes of general public and are a constant stigma
on the image of lawyers and a constant source of annoyance to the plaintiff and have lowered the
image of lawyers and the plaintiff amongst the public at large.
6. Defendants entered appearance on an advance notice. The application was taken up for
consideration at the request of the parties without calling for any formal reply.
7. It is contended by Learned Senior Counsels appearing for the Defendants that in view of the
settled legal position, Plaintiff has failed to show any prima facie case and has not been able to even
show any personal injury or violation of any right entitling him to grant of any injunction.
8. It is submitted on behalf of the Defendants that the theme/Plot of the web-series - 'Hasmukh' as
described in the Written Submissions filed by Defendant No. 1 and 2 inter alia is:
(i) The Web-Series is a dark comedy about a small-town comedian namely 'Hasmukh' ('Protagonist')
who arrives at Mumbai to pursue his career in stand-up comedy on television shows. In the said
Web-Series, the Protagonist has been shown to have a unique trait whereby he can only successfully
perform his stand-up comedy act, if he commits murders prior to his performances and makes
satirical jokes in relation to his murder victims during such performances. As per the storyline of the
said Series, in order to address his need to kill in a righteous way, the Protagonist therefore kills
only evil and debauched persons from various fields and professions that he comes across in his life
and then performs satirical jokes/remarks in relation to his experience with such victims in his
stand-up comic act.
(ii) Accordingly, the Protagonist has been shown to commit murders in almost every episode of the
Web-Series and later perform his stand-up comic act in relation to his victims who are unethical
professionals belonging to various fields/professions. In this manner, the Protagonist has been
portrayed to deal with evil in various walks of life and its impact on society.
Indian Kanoon - http://indiankanoon.org/doc/170570619/