Court dismisses application seeking to stop airing of webseries 'Hasmukh'

A Delhi court Tuesday dismissed an application seeking ex-parte injunction against Netflix from showing web series Hasmukh, saying any artistic expression in any artistic work has to be seen in context of work itself. 

Additional District and Sessions Judge Amitabh Rawat said re was reason to restrain Netflix Entertainment Services India LLP from airing webseries. application filed through lawyer Abhay Gupta claimed that show contained derogatory remarks against advocates.

court, in its order, said that remarks were general in nature and t made against Gupta in particular.

In a free and democratic society, re is freedom of speech and expression. If a particular comedy web series 'Hasmukh' makes any remarks, it has to be read and seen in context of artistic expression, comedy or satire and t taken literally to contend that lawyers are being abused, it said.

It added that law is a ble profession and so are lawyers but Gupta cant contend that he is defamed as he is a lawyer and certain expression has been used in a web series against lawyers in general.

Any artistic expression in any artistic work has to be seen in context of work itself. Thus, re is reason for allowing prayer of plaintiff (Gupta) directing defendant (Netflix) to stop showing said web series Hasmukh. Since re is prima facie case or balance of convenience in favour of plaintiff, hence, present application is dismissed, court said.

Gupta had sought ex-parte interim injunction against online content streaming platform from airing show Hasmukh. He claimed that show, especially Episode 4, contained certain remarks which defamed lawyers.

In web series, lawyers are stated to be thieves, scoundrels, goons and have been addressed as rapist, application alleged.  advocate furr claimed that he was hurt by highly defamatory remarks and has also sent a tice to Netflix India to stop airing web series.