Supreme Court fines comedians Samay Raina and others 3 lakh for ‘brazen violation’

Today, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana imposed costs of 3 lakhs on Samay Raina and other comedians for failing to comply with an undertaking to engage with persons with disabilities following offensive jokes on Raina’s show “India’s Got Latent”. The Court granted him 15 days to file a compliance affidavit, warning that the costs would be enhanced to 30 lakhs if he failed to comply. 

At a previous hearing, the Court had directed comedians Raina, Ranveer Allahabadia, Sonali Thakkar and others involved in the controversy to undertake disability-awareness initiatives after jokes on the show mocked blind persons and an infant with Spinal Muscular Atrophy (SMA). Senior Advocate Aparajita Singh, appearing for the Cure SMA Foundation, submitted that although Raina had resumed performing shows, he had neither contacted the Foundation nor involved persons living with SMA as contemplated by the Court’s earlier directions.

Bench: Dignity cannot give way to commercial speech

Singh told the Court that Raina had organised shows featuring persons with disabilities but had failed to engage with the Cure SMA Foundation. 

Justice Bagchi observed that inviting a few persons with disabilities after the controversy gave the impression that Raina was trying to “buy them out.” “If you used their disability to showcase your fundamental right to have commercial speech,” he remarked, prompting CJI Surya Kant to ask, “What about their fundamental right to dignity?” Justice Bagchi added that while Raina’s shows dealt with humour and “the right to happiness,” they appeared to focus only on “material things.” Counsel for Raina submitted that persons with disabilities had attended the shows and photographs had been produced, however, if the Foundation had not been contacted, he said, it was “unfortunate” and assured the Bench that the omission would be rectified. 

Singh described the conduct as one driven by “ego and arrogance”. “People like Samay Raina are apparently a youth icon. I shudder to think so,” she said, to which Solicitor General Tushar Mehta added, “Our youth have better icons.”

Bench: ‘You have taken the Court for a ride’

The Bench noted that it had repeatedly granted time to comply with its earlier directions but had received no meaningful update. It observed that although counsel claimed a compliance affidavit had been filed, none was on record. “We have no reason to doubt that Samay Raina has taken the Court for a ride,” the Bench observed. It held that he was in “brazen violation” of the statements and undertakings given before the Court, adding that the misconduct was compounded by the claim that a compliance affidavit had been filed when none had, in fact, been filed. When counsel sought another opportunity, the CJI remarked that the Court had continued to show indulgence because it believed the respondents would honour their word. “We thought that you are youngsters belonging to respectable families,” he remarked.