Netflix series poster Tribhuvan Mishra CA Topper
The Delhi High Court has refused to impose an interim stay on the release of the Netflix series. Tribhuvan Mishra CA TopperHe said that it appeared to be in the genre of comedy and could not be construed as derogatory to the profession of chartered accountancy.
The high court issued notice to Netflix and others on a plea by the Institute of Chartered Accountants of India (ICAI) and four chartered accountants (CAs), saying portraying the profession in such a “scandalous” manner would bring disrepute to the profession and those who top the exam conducted by the institute.
After watching the trailer of the web series, Justice Naveen Chawla said that he does not see any prima facie case for granting interim injunction in favour of the plaintiff at this stage.
“In my prima facie opinion, I don’t think the trailer is referring to the profession of chartered accountancy in any way. It is a series that appears to be more in the genre of comedy and only describes the lead character as a topper in the chartered accountancy exams.
No abusive speech
“It is neither intended nor can be construed to be derogatory to the profession of chartered accountancy or to the toppers or rank holders in the examination conducted by plaintiff no. 1 (ICAI). Artistic expression, even in the form of commercial speech, cannot be restricted on the ground of hyper-sensitive attitude,” the judge said.
The plaintiffs are aggrieved by the release of the trailer of the serial, which announces the release of the series on Netflix on July 18. They claimed that the trailer portrays the profession of chartered accountancy in a “highly vulgar and derogatory” manner.
The plaintiffs complained that portraying the profession in such a “deplorable manner” was completely illegal and a violation of their constitutional rights.
ICAI claimed that it has also received emails objecting to the defamatory content of the trailer which makes inappropriate comments about the profession. It also complained that the reference to “services rendered by CAs” is derogatory to the profession.
Netflix’s lawyer said that the web series is completely fictional and there is a disclaimer at the beginning of it.
Within five days, the platform will also add a disclaimer that no reference has been made to any profession, the lawyer said.