Supreme Court imposes ₹3 lakh fine on YouTuber-comedian Samay Raina

The Supreme Court on Tuesday imposed a fine of ₹3 lakh each on stand up comic and YouTuber Samay Raina and four others for violating court orders in the case connected to insensitive remarks made on their show about persons with disabilities.

A Bench Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after it was brought to their notice that Raina had not invited any disabled persons to his show which was one of the directions given by the Court earlier.

"We have reason to believe that Samay Raina has taken the court for a ride and has brazenly violated the orders of this court. The misconduct is further compounded stating that an affidavit is filed when nothing is on record. Thus we impose cost of ₹3 lakh to be deposited within 2 weeks," the Court ordered.

The Court was hearing a petition moved by Cure SMA India Foundation accusing Raina of insensitive remarks over the high cost of treatment for Spinal Muscular Atrophy. Raina is 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 other comedians 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 specially-abled persons to join them in their programs.

When the matter was taken up for hearing today, Senior Advocate Aparajita Singh, appearing for the petitioner-organisation, claimed that Raina never contacted them or any other special abled persons to join any of his shows.

Solicitor General Tushar Mehta also took objection to Raina's conduct.

"Our youth has better icons. He actually hangs a "Nimbu-Mirchi" (lemon and chilli totem) on the stage as a superstition to ward off "bad vibes" and prevent the show from getting cancelled or into trouble. It was very clear what is he targeting or speaking about," the SG said.

"If you don't know how to mend your ways or respect sentiments of the society members, then you have to face consequences," the Bench told Raina.

Raina's counsel told the Court that ₹9 lakh was raised through the shows for disabled persons.

"We do not want any money from them," Aparajita Singh responded.

"You should have invited the client of Ms Aparajita Singh and done the show. Now you are giving a sense that you are trying to buy them out. If you used their disability to showcase your fundamental right to have commercial speech... " Justice Bagchi said.

"What about their fundamental right to dignity," the CJI weighed in.

"Your show deals with humour it deals with right to happiness. But you are only on right to material things," Justice Bagchi said.

"As an artist you are in public life. In public life, more you respect others the more is the investment," the CJI said.

"Specially abled people were called (to the show) and photos are there. But if Ms Singh's client was not reached out then it is unfortunate. We will prevail over our client and have it done," Raina's counsel said.

"We have been granting liberty for so long. We thought you are youngsters from respectable family and work on it, but nothing is happening," the CJI replied.

"This is just ego and arrogance. I am not going to bow down," Singh said.

The Court eventually proceeded to impose costs on Raina and others. The Bench initially contemplated costs of ₹10 lakh but eventually reduced it to ₹3 lakh per person.

It also asked the five to comply with the Court's previous directions.

"If you don't comply it will become ₹30 lakh," the Bench warned Raina and others.

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