Hasmukh, a Netflix dark comedy on a small town comic-turned-criminal starring Vir Das has plunged into an array of controversy because of a dialogue reportedly maligning lawyers.
Recently, advocate Prateek Som filed a complaint with Bar Council of India against Netflix and makers of Hasmukh for allegedly making unwarranted statements against advocates. Mr. Prateek Som is an Advocate and the Managing Partner at PR Law Offices. He has been a distinguished alumnus of several prestigious institutions like Indian Institute of Management Bangalore, Delhi University, National Law University Delhi, and Harvard Law School.
When he was asked about the importance to use petitions and other legal complaints to stop the wrongdoings happening in the society, he answered that days in the name of freedom of expression some people are forgetting that it not an absolute right. Rather no right in India is an absolute right. There are some reasonable restrictions. Our society is also vulnerable to this fact. A judicial/legal enforcement in this regard can only stop this menace spreading in society. He further elaborated on his pending complaint at the Bar Council of India against Netflix and expressed that a so-called comedy show on Netflix, without any rhyme or reason has termed Advocates fraternity as crooks, thieves and rapists. This is unwarranted and uncalled for. These comedians who term themselves as stars are not aware about the struggle our young Advocates face when they come in profession. Glamour of their eyes cannot see struggle of band & robes. Their statement affects public perception as large number viewers watch them. Today it is advocates; tomorrow there can be judges, doctors, CAs or even common person. This should be stopped by the court of law.
Discussing on various precedents where Court labels these statements as ‘Fair Criticism’ and how to draw a line of distinction between ‘Fair Criticism’ and ‘Defamatory Statements’. He said that fair criticism is always backed by some substance or evidence. Biased Criticism with a motive of cheap comedy towards whole fraternity should not be encouraged. Even Our code 499 IPC explanation four states if words spoken or intended to lower the moral or intellectual character of person or lowers the credit of that person is defaming the person.
Here is Mr. Som’s complaint which he has filed with the BCI against Netflix India and the makers of Hasmukh.
Advocate Prateek Som