SC raps comedian Samay Raina, imposes ₹3 lakh fine: ‘If you don't comply, it will become ₹30 lakh’

The Supreme Court on Tuesday slammed comedian Samay Raina for failing to comply with its order in the case connected to insensitive remarks made on their show about persons with disabilities and imposed a fine of ₹10 lakh, before reducing it to ₹3 lakh. “If you don't comply, it will become ₹30 lakh,” the apex court warned.

Four others, including YouTubers Ranveer Allahbadia and Ashish Chanchlani, were also rapped for violating court orders and fined ₹3 lakh each.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after it was informed that Raina had not invited any disabled persons to his show, according to its earlier order.

“We have no reason to doubt that Samay Raina has taken the court for a ride. He is in brazen violation of statements/ undertakings given before this court,” the bench said.

"The misconduct is sought to be compounded by stating that a compliance affidavit was filed yesterday; however, no affidavit has been filed," it added, imposing the fine.

The CJI remarked that they think those sitting outside the country are beyond jurisdiction. “We have been granting liberty for so long. We thought you were youngsters from a respectable family and would work on it, but nothing is happening,” the CJI observed.

Raina's counsel dismissed the charge that he was arrogant. But the CJI said, “If this is not arrogance, then we have to change the Oxford dictionary also.”

Fine reduced to ₹3 lakh

“You should have invited the client of Ms Aparajita Singh and done the show. Now you give the impression that you are trying to buy them out. If you used their disability to showcase your fundamental right to have commercial speech...” Bar and Bench quoted Justice Bagchi as saying after Raina's counsel told the court that ₹9 lakh was raised through the shows for disabled persons.

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

The Supreme Court eventually imposed a fine on Raina and others. Initially, the bench 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.

What was the plea about?

The top court was hearing a plea filed by Cure SMA India Foundation alleging that Raina made insensitive remarks over the high cost of treatment for Spinal Muscular Atrophy and also allegedly ridiculed a person with such a disability.

During the hearing, senior advocate Aparajita Singh, appearing for the organisation, told the court that Raina never contacted them to join any of his shows.

The plea flagged jokes made by "India's Got Latent" host Samay Raina and other social media influencers Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagdish Tanwar.

Highlighting the need for a stringent law to protect the dignity of the disabled, the Supreme Court on Thursday asked the Centre to consider framing a statute to make derogatory remarks ridiculing persons with disabilities and rare genetic disorders a penal offence on the lines of the SC-ST Act.

Asking them to be careful about their conduct in future, the bench also directed comedians Raina and others to hold two programmes or shows per month about the success stories of Persons with Disabilities (PwDs) to generate funds for the treatment of disabled persons, especially those suffering from SMA.

(With agency inputs)