Mehul Choksi’s plea seeking pre-screening of Netflix series dismissed by Delhi High Court

The Delhi High Court today dismissed a plea by Mehul Choksi who had sought a preview of a series titled – ‘Bad Boy Billionaires’ to be aired by video streaming platform Netflix next month.

The series, ‘Bad Boy Billionaires’, is based on the high-profile frauds committed by many business tycoons in India. Netflix released the poster displaying Choksi’s nephew Nirav Modi, Subrata Roy of the Sahara Group, Vijay Mallya – Chairperson of the now-defunct Kingfisher Airlines and Ramalinga Raju, the former Chairperson and CEO of Satyam Computer Services.

According to the High Court, Choksi has an option to file a civil suit because what he alleged as an infringement is actually a private right and can be exercised in a civil suit. The Court also refused to grant him a preview stating that there are no regulations to control the content being streamed on OTT platforms, citing a similar order passed by the division bench of the high court in a different matter.

The show is slated to be released on Netflix on September 2 and he had sought the postponement of the series. In the petition, Choksi’s lawyer Vijay Aggarwal said that Choksi got to know of the documentary’s release on August 24 when he saw the trailer. Subsequently, he started receiving phone calls from across the world, asking him whether he was part of the documentary and to solicit his comments.

It is further mentioned in the petition that one of the persons seen speaking in the trailer was the writer of the book titled “Flawed: The Rise and Fall of India’s Diamond Mogul Nirav Modi” where his name had been co-mingled with Nirav Modi.

The petition also stated that Choksi apprehends that his name may have been used in connection with Nirav Modi in the series even though his relation to the fugitive diamantaire is only that of an uncle and nephew. It also said that the series might have an episode on Choksi which has the potential of leading to a media trial. It said Choksi has the right to an innocent and free and fair trial and such a documentary would cause serious prejudice to his case.

The petition claimed that Choksi has been falsely accused of various crimes in India.

Choksi’s lawyer Vijay Aggarwal had demanded a pre-screening for the petitioner and if his apprehension regarding his image getting tarnished is settled, then a chance may be given to him for agitating.

Senior advocate Neeraj Kishan Kaul, counsel for Netflix, said that the series features a two-minute portion on Nirav Modi where mentions of Choksi has been made. He also said that that there is no regulation of content on the OTT platform.