Samay Raina gets relief! SC dismisses FIRs against stand-up comedian and 4 others over remarks about disabled persons

The Supreme Court on Friday dismissed First Information Reports (FIRs) against YouTuber and stand-up comedian Samay Raina and four others over allegedly insensitive comments concerning persons with disabilities made during the show India’s Got Latent, according to Bar and Bench.

The relief extends to comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, also known as Sonali Aditya Desai, and Nishant Jagdish Tanwar, who were also named in the case.

A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order.

The apex court took note of the efforts by Raina, Goyal, Ghai, Thakkar and Tanwar to organise programmes aimed at supporting 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 mentioned.

However, the Court said it would continue hearing the matter to seek suggestions from persons with disabilities on measures to strengthen safeguards against such content and to issue appropriate directions on the wider concerns raised by the case.

"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 stated.

While calling them a “very bright youngsters”, the Court observed, “If they have started working in positive direction, there will be positive output.”

India's Got Latent row

The India’s Got Latent segment that is currently under the Supreme Court’s consideration was recorded at Khar Habitat on November 14, 2024, but was released at a later date.

Following the episode, several individuals associated with the comedy show faced criminal cases over allegations of making obscene and insensitive comments. Among those named was podcast host and content creator Ranveer Allahabadia, popularly known as Beer Biceps.

Allahabadia’s plea seeking relief in the cases remains pending before the Supreme Court, which has previously granted him interim protection from arrest. YouTuber Ashish Chanchlani and comedian Samay Raina were also among those linked to the episode who faced criminal proceedings.

The Cure SMA India Foundation, an NGO had subsequently filed a plea against Raina and three others in the Supreme Court, alleging that they had made insensitive comments about the expensive treatment required for Spinal Muscular Atrophy (SMA). Raina was also accused of making fun of an individual with the condition.

The plea sought regulatory measures for online content that allegedly undermines the right to life and dignity of persons with disabilities.

The top court in November last year instructed Raina and the other comedians named in the NGO’s petition to hold at least two events every month to raise money for a corpus intended to support the treatment of persons with disabilities. The Court also asked them to involve persons with disabilities in these programmes.

The NGO subsequently informed the Supreme Court that Raina had neither approached it nor reached out to any other person with a disability to participate in his programmes.

Raina’s lawyer, however, told the Court that the shows had generated ₹9 lakh for the benefit of persons with disabilities and maintained that people with disabilities had been invited to attend. He also assured the Bench that Raina would contact the NGO.

The Court, dissatisfied with Raina’s compliance with its earlier directions, imposed a cost of ₹3 lakh each on him and the other comedians involved. It further cautioned that additional costs could be levied if they continued to disregard the Court’s orders.