New Delhi: The Delhi High Court sought Monday responses from the Centre and online video streaming platform ‘Netflix’ on PNB scam accused Mehul Choksi’s appeal challenging the dismissal of his plea to pre-screen the Bad Boy Billionaires docuseries. A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Centre and Netflix. The bench sought their stand by September 23.
Advocate Vijay Aggarwal is appearing for Choksi. He said he was only seeking that the matter be remanded to the single judge who had dismissed the plea. The single judge had August 28 denied relief to Mehul Choksi. It said a writ petition for enforcement of a private right was not maintainable. The high court had said Choksi’s remedy lay in a civil suit and granted him the liberty to raise the issue therein.
The hearing was held via video conference Monday. During it Aggarwal contended that there is two minutes of footage about Choksi in the series. The footage allegedly shows him in a bad light and therefore, could affect the various proceedings against him in India.
Netflix opposed the plea. The OTT platform said it was not maintainable as the high court has in the past held that internet video streaming platforms cannot be regulated. The only option was to file a civil suit. Netflix also said there can be no pre-censorship in the form of a preview or pre-screening of the docuseries. Then it would be violative of the freedom of speech and expression.
The bench questioned whether the docuseries has been stayed. Netflix said that two individuals – B Ramalinga Raju and Subrata Roy of Sahara –also find mention in the docuseries. They have obtained stays from courts in remote corners of India. Appeals were being readied to be filed against the same, Netflix said.
Sahara obtained order from a local court in Araria in Bihar restraining Netflilx from using his name in the series. Netflix challenged the order in the Supreme Court which declined to entertain it. However, it gave the OTT platform the liberty to approach the appropriate forum in appeal against the lower court’s order.
Thereafter, a civil court in Andhra Pradesh restrained Netflix from airing the series. This was done on a petition by Raju. He was convicted in the multi-crore accounting scandal of Satyam Computer Services Limited.
Choksi, the promoter of Gitanjali Gems, and his nephew, Nirav Modi, are accused in the Rs 13,500-crore Punjab National Bank (PNB) fraud case. Choksi left the country last year and was granted citizenship of Antigua and Barbuda.