Supreme Court quashes FIRs against Samay Raina, 4 other comedians over remarks about disabled persons

The Supreme Court on Friday quashed criminal cases filed against YouTuber-comedian Samay Raina and four other comedians over insensitive remarks made on the show India's Got Latent about persons with disabilities.

A Bench Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order.

Apart from Raina, the others who have been given relief in connection with this case are Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar.

The Court today appreciated the efforts made by Raina, Goyal, Ghai, Thakkar and Tanwar to organise shows for the benefit of persons with disabilities.

"Once there are genuine efforts positive results are bound to be there. They are very bright youngsters. If they have started working in positive direction, there will be positive output," the Bench said.

The Court proceeded to quash criminal cases filed against them over insensitve remarks against disabled persons.

The Court, however, will hear the matter further to consider suggestions from persons with disabilities on how to ensure better checks on such content and frame appropriate directions on the broader issues involved.'

"Matter qua respondents 6-10 (the accused comedians) is closed. Criminal proceedings against respondents 6-10 are hereby quashed. All other related proceedings are set aside. List to issue directions on the larger issue," the Court said.

The controversial episode of India's Got Latent under scrutiny now before the top court was shot on November 14, 2024, at Khar Habitat but aired later.

Several persons who appeared on the comic show were booked in multiple criminal cases for making obscene and insensitive remarks.

Those booked also included podcast show host and content creator Ranveer Allahabadia, better known as Beer Biceps. Allahabadia's petition seeking relief in the cases against him is still pending before the top court. The Court had earlier granted him interim protection from arrest.

Others who were part of the controversial India's Got Latent show who also faced criminal proceedings, include YouTuber Ashish Chanchlani and comedian Samay Raina.

A plea was later moved before the top court by an NGO called Cure SMA India Foundation accusing Raina and three others of insensitive remarks over the high cost of treatment for Spinal Muscular Atrophy (SMA).

Raina was also alleged to have ridiculed a person with such a disability. The petition was filed seeking regulations for the broadcast of such online content in violation of the right to life and dignity of persons with disabilities.

In November 20205, Raina and the other comedians named in the foundation's plea were directed by the Court to organise at least two events a month to raised funds for the corpus setup for the treatment of persons with disability. They were also directed to persuade disabled persons to join them in their programs.

However, the NGO later told the Court that Raina never contacted them or any other disabled person to join any of his shows.

Raina's counsel replied that ₹9 lakh was raised through the shows for disabled persons. He added that specially-abled people were, in fact, called to the show. He further said that Raina will reach out to the NGO as well.

However, the Court took exception to Raina's failure to properly comply with its earlier directives and imposed costs on him and others, ordering them to pay ₹3 lakh each.

The Court also warned of further costs if Raina and others continued flouting its directives.

Today, the Court took note of submissions that Raina and the others have organised a chess tournament for specially abled persons in March at Pune, and that four more shows have been scheduled to be held for fund raising which are yet to be held.

They also expressed their willingness to invite persons suffering from SMA to these shows and provide them financial support. They added that they will be in touch with the petitioner-foundation to coordinate how this could be done.

Further, an amount of ₹12.5 crores has been received from their shows already, which can be donated for the welfare of specially-abled persons, they said.

The Court today appreciated these efforts.

"The significant averment in the compliance affidavit which deserves appreciation is that constructive conversation have taken place between them and the petitioners. Respondents have expressed gratefulness for guidance from petitioner NGO for helping arrange their programs," it said.

The Court concluded that these measures reflect a true compliance with the earlier directives.

"We have no doubt that respondents 6-10 will work hard in their endeavour to organise events for celebrating the lives and increasing dignity of SMA warriors and any other event suggested by the NGO shall also be promptly organised. Responders will continue to seek guidance from petitioners for such events," the Court added.

Senior Advocate Aparajita Singh represented the Cure SMA India Foundation.

Samay Raina was represented by Senior Advocate Madhavi Divan along with advocates Stuti Gujral, Lavin Hirani, Shubhangni Jain, Ayush Kaushik, Jaanvi Chopra, Sruthi Susan Mathew and Miran Ahmad.

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