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Netflix’s Sacred Games Plea: What the Delhi High Court Considered

A 2018 petition sought removal of Sacred Games scenes over allegations about Rajiv Gandhi and historical events. The Delhi High Court’s hearing observations were not a ruling on the merits, and the relief later shifted to OTT guidelines.
Opened Runtime3 min Written byDocumentaryTube Team
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Nikhil Bhalla’s 2018 petition asked the Delhi High Court to remove scenes and dialogue from Netflix’s Sacred Games, alleging that the series used derogatory language about former Prime Minister Rajiv Gandhi and misstated historical events. The court questioned whether the petition could proceed as a public-interest case, but those hearing comments were not a decision that the material was unlawful. By April 2019, the relief being pressed had shifted to a request for guidelines for OTT services—not the original demand to delete scenes.

What the petition alleged and initially sought

On July 11, 2018, Nikhil Bhalla filed a petition in the Delhi High Court naming Netflix, Phantom Films and the Union government. He sought removal of scenes and dialogue from Sacred Games. Bhalla alleged that the show used derogatory language about Rajiv Gandhi and incorrectly depicted events connected with the Bofors case, the Shah Bano case, the Babri Masjid case and communal riots. These were the petitioner’s allegations; the court did not establish them as facts in the hearing observations described in contemporaneous reports.

The petition’s account described the first season as eight episodes, released on July 6, 2018, and available in 190 countries in four languages. Those are figures reported in connection with the petition at the time, not a statement about the series’ current availability. The Indian Express’s account of the petition reported those details.

What the court said at the July hearings

Acting Chief Justice Gita Mittal recused herself from the first listing; contemporaneous reports did not give a reason. The matter was then heard by a different bench. On July 16, the judges questioned whether the plea was suitable for public-interest litigation, why actors had been named as parties, and how the court could intervene after the episodes had already aired. The Indian Express reported that the bench had watched a CD of the series.

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These were questions and observations during a hearing, not a merits ruling. A contemporaneous report quoted the court as saying that “everyone had the freedom to express his views.” It also reported the bench’s concern with whether the plea could be entertained as a PIL. The Indian Express report on the July 16 hearing describes the exchange.

The subtitle report—and Netflix counsel’s later correction

On July 19, news reports said Netflix’s counsel told the court that an English subtitle in episode four had been changed after concern about how the Hindi word “fattu” was translated. The court was reported as observing that “criticism and expression of dissatisfaction were permissible.” That reported statement should not be mistaken for a finding on the petition’s other allegations. The Hindu’s July 19 report recounted the statement and the court’s reported comment.

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In August, Netflix’s counsel corrected the earlier statement: the company had not changed the English subtitle and did not intend to do so. The sequence matters: the July account reported a change; counsel later told the court that no change had been made and none was planned. The Indian Express’s report of the correction describes the later clarification.

The Centre’s position on removal

In December 2018, the Ministry of Electronics and Information Technology told the court it could not ask service providers to remove the allegedly objectionable word and invoked freedom of thought and expression. The Centre’s reported affidavit also discussed removal by intermediaries pursuant to a court order or an appropriate government notification. This was the government’s position, not a judicial determination of the petitioner’s allegations. The Hindu’s report on the Centre’s affidavit outlines that position.

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How the relief changed by April 2019

A searchable copy of the Delhi High Court’s April 9, 2019 order, hosted by IPRMENTLAW, records that the petitioner had amended the relief and was then pressing for a direction concerning guidelines for OTT media service providers. The April hearing should therefore not be described as the court considering or granting the original scene-removal request. The hosted order copy and accompanying account provide the procedural detail.

A January 30, 2019 listing order said the division bench did not assemble that day and listed the matter for April 9. The searchable copy on Indian Kanoon records that listing. The available order and reports establish the shift in the relief being pressed, but do not establish the final disposition of the amended request for OTT guidelines.

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