The Delhi High Court recently received a petition from the Institute of Chartered Accountants of India (ICAI) seeking to prevent Netflix from releasing the series titled Tribhuvan Mishra: CA Topper. The show, which premiered on 18th July, was termed vulgar, sensationalized and disparaging of the chartered accountant profession, according to the ICAI. However, on 16th July, just two days before the series began streaming, the court refused to stay its release.
ICAI and three chartered accountants had submitted the lawsuit against the release of the show’s trailer on 10th July. Dr Rohit Ruwatia Agarwal, a Central Council Member of ICAI also took to X (earlier Twitter) to inform about the legal proceedings.
ICAI has filed a suit for permanent injunction at Delhi High Court for restraining Netflix from telecasting the web series defaming profession. Advocates for ICAI requested for an urgent hearing as web series is scheduled for release on 18th July & the matter will be heard…
— CA. (Dr). ROHIT RUWATIA AGARWAL 🇮🇳 (@ruwatiaofficial) July 15, 2024
The case was heard by Judge Navin Chawla who listened to the arguments from both sides and watched the trailer after which he dismissed ICAI’s claim that the series denigrates chartered accountants (CAs) on the grounds that it does not refer to the field of chartered accounting. The court stated that it is merely the narrative of a single CA topper who also works in the sex industry. Hence, prima facie, the court is of the opinion that this show should not be banned.
The court pronounced, “It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in the Chartered Accountancy Examination. It is neither intended nor can be perceived as derogatory to the profession of Chartered Accountancy or the toppers or rank holders in the examination conducted by ICAI.” The bench emphasized that an overly sensitive approach cannot justify restricting artistic expression, especially when it takes the shape of a commercial discourse.
“The artistic expression, even in the form of a commercial speech, cannot be curtailed on the basis of an oversensitive approach. I, therefore, do not find any prima facie case in favour of the plaintiffs for grant of an ad interim injunction in their favour at this stage,” the court said.
The court also pointed out observations of a similar 2020 case (Ashutosh Dubey v. Netflix) of an advocate which noted that granting an ad interim injunction would amount to interfering with the defendant’s constitutionally protected right to free speech and expression as well as highlighted, “The very essence of democracy is that a creative artist is given the liberty to project the picture of the society in a manner he perceives. One of the prime forms of exposing the ills of society is by portraying a satirical picture of the same. Stand-up comedians perform that very purpose. In their portrayal, they use satire and exaggerate the ills to an extent that it becomes a ridicule. In the humorous portrayal of the ills of society, the stand-up comedians use satire.”
The petitioners argued that the trailer depicted the field of chartered accounting in an incredibly crude and demeaning light. They added that ICAI had received emails protesting the trailer’s reportedly scandalous content, which included “unwarranted innuendos to the profession.” It was pointed out that the trailer’s description of the services provided by CAs as “debit and credit with reference to sexual services offered” was insulting to the field.
On the other hand, Sandeep Sethi, the legal counsel representing Netflix countered that the web series is entirely fictitious and a disclaimer clarifying that the show does not allude to any specific person, living or dead, appears at the beginning of the program. The streaming giant promised to include a disclaimer asserting that the series does not depict or make reference to any profession, within the next five days.
Background of the controversy
Tribhuvan Mishra CA Topper is created by Puneet Krishna, co-creator of Prime Video’s popular “Mirzapur” series. It is set in Uttar Pradesh’s Noida and features Manav Kaul, Tillotama Shome, Shweta Basu Prasad, Sumit Gulati, Faisal Malik, and Ashok Pathak. Its plot centres on an accountant who gets involved in several escapades, including working as a gigolo for a while to pay off debts.
The trailer caused an immediate uproar when it was unveiled last week. Netizens and chartered accountants denounced Netflix and the producers for what they perceived as a provocative and slanderous depiction of the profession. The show, which gives little background information about its leading characters, depicts the protagonist, an honest government official who is living a normal life until financial pressure forces him into a controversial and unconventional field of work. The titular character, a chartered accountant played by Manav Kaul works as a gigolo at night to make ends meet.
CA professionals demanded that the title of the series be changed, claiming that it denigrates their industry. They maintained that it was unlawful and a violation of constitutional rights to depict something in such an offensive manner. “Ridiculous, madness, and shamelessness. Nowadays, CAs are a soft target for everyone, only to earn money and defame them. Now it is time for the torchbearer to do something extraordinary so that in the future, no one can easily defame CA,” Former ICAI president C.A. Anupam Sharma complained while voicing his disapproval as he reacted to an angry tweet by another miffed chartered account.
Ridiculous, madness, and shamelessness. Nowadays, CAs are a soft target for everyone, only to earn money and defame them. Now it is time for the torchbearer to do something extraordinary, so that in the future, no one can easily defame CA. @CaRANJEET @akhilpachori @CAChirag https://t.co/qephLfkucL
— CA Anupam Sharma (@caanupam7) July 9, 2024
The series which received very little promotion has been grabbing headlines after the controversy and lawsuit filed in the Delhi High Court. ‘Boycott Tribhuvan Mishra CA Topper’ also trended on social media after its trailer was released.
