HC refuses interim stay on Netflix series Tribhuvan Mishra CA Topper

The Delhi High Court has refused to impose an interim stay on the release of Netflix series Tribhuvan Mishra CA Topper, saying it appeared to be in the genre of comedy and cannot be perceived 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 (CA) contending that depiction of the profession in such a “scandalous” manner is bound to defame the profession and the toppers in the examination which is conducted by the institute.

After watching the trailer of the web series, Justice Navin Chawla said he does not find any prima facie case in favour of the plaintiffs for grant of an ad-interim injunction in their favour at this stage.

“In my prima facie view, I do not find the trailer to be referring to the profession of Chartered Accountancy in any manner. It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy examination.

“It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy or the toppers or rank holders in the examination conducted by the plaintiff no. 1 (ICAI). The artistic expression, even in the form of a commercial speech, cannot be curtailed on the basis of an oversensitive approach,” the judge said.

The plaintiffs are aggrieved by the release of the trailer of the serial. The trailer announced the release of the series on Netflix on July 18. They claimed that the trailer showed the profession of chartered accountancy in an “extremely vulgar and derogatory” sense.

The plaintiffs complained that portraying the profession in such a “scandalous manner” is totally illegal and violative of their constitutional rights.

The ICAI claimed that it has also received e-mails objecting to the scandalous content of the trailer containing unwarranted innuendos about the profession. They also complained that the reference to the services rendered by CAs as “debit and credit with reference to sexual services offered” in the trailer is derogatory to the profession.

The counsel for Netflix submitted that the web series is completely fictional in nature and there is also a disclaimer at the start of it which proclaims that it has no reference to any individual or any real person, dead or alive.

The counsel said within five days, the platform will also add a disclaimer that no reference has been made to any profession as well.