New Delhi: The Delhi High Court today issued a notice on a petition filed by Mehul Choksi, challenging the order of a single judge bench dismissing his petition seeking a preview of Netflix’s ‘Bad Boy Billionaires’.
A divisional bench comprising Chief Justice D.N. Patel and Justice Prateek Jalan, while hearing the matter through video conferencing, noted: “We are not passing any interim order.”
The petition has been filed by Mehul Choksi, challenging the order of the single-judge bench in which Mehul’s petition was dismissed by Justice Navin Chawla, stating that he can file a civil suit as what is being alleged as an infringement by him is a private right and can be exercised in a civil suit. The bench further 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.
Advocate Vijay Aggarwal, appearing for Mehul submitted that his petition was dismissed on the ground that it is my private right and the matter is not maintainable, whereas, I submit that it is my constitutional right and the matter is maintainable. He further added that the series states, “Investigative docuseries, explore the greed, fraud, and corruption that built up- and ultimately brought down- India’s most infamous tycoons.”
The petitioner submitted: “I’m facing trial and my trial will be fugitive. In 3 FIRs I’m co-accused, chargesheet has been filed.”
Justice Prateek Jalan inquired if the chargesheet has been filed in the cases. The petitioner submitted:
“There are a number of cases, in a couple of them chargesheets have been filed, while in a couple of them, not.”
The Chief Justice stated: “You are already enjoying the stay.” The counsel submitted: “Stay is on the proceedings against me. Nowhere in this issue.”
Justice Jalan also stated: “You are not held as accused in the chargesheet.” The petitioner said: “But I’m under investigation, and under article 21, I have the right to a fair trial and fair investigation.”
At this the Chief Justice said: “OK. We are issuing notice, let the other side point out.”
Senior Advocate Neeraj Kishan Kaul, appearing for the respondents, stated that it was an individual series and the single judge bench stated that “OTT platforms cannot be regulated, if you have a remedy then file a civil suit.” No party can come to the court and say, first satisfy me.
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The bench has listed the matter for September 23.
Kaul further added: “We are just opposing any interim order.” At this the Chief Justice stated: “We are not issuing any interim order.”
-India Legal Bureau