New Delhi: The Supreme Court on Tuesday, July 14, imposed a cost of Rs 3 lakh each on comedian Samay Raina and four other comedians for failing to comply with undertakings given to the court in a case arising out of the “India’s Got Latent” controversy over insensitive jokes targeting persons with disabilities, observing that Raina had “taken the court for a ride.”
A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after being told that Raina had neither invited any disabled persons to his shows nor contacted the Cure SMA India Foundation, as directed earlier by the court.
The same cost was imposed on comedians Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagadish Tanwar.
“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, adding that his conduct was “sought to be compounded” by a false claim that a compliance affidavit had been filed, when none was on record.
Case background
The court was hearing a plea by the Cure SMA India Foundation alleging that Raina had made insensitive remarks about the high cost of treatment for Spinal Muscular Atrophy (SMA) and had ridiculed a person living with the condition on his show. The plea had also flagged jokes by Goyal, Ghai, Thakkar and Tanwar.
The court had earlier accepted undertakings from the comedians that they would make amends by holding shows to highlight the achievements of persons with disabilities and raise funds for treatment of rare diseases.
On July 9, the court had asked the Centre to consider framing a law making derogatory remarks against persons with disabilities and rare genetic disorders a penal offence, on the lines of the SC/ST Act, and had directed the comedians to hold two such programmes a month.
Self-proclaimed icons, says CJI
Senior advocate Aparajita Singh, appearing for the foundation, told the court that despite its directions, Raina had made no effort to reach out to the organisation or SMA patients, and that the foundation did not seek any money from the comedians. “I don’t know what kind of an icon he is for the youth… I shudder to think if he is regarded as an icon by the youth,” Singh said.
Solicitor General Tushar Mehta responded that “our youth has better icons,” to which the CJI remarked that they were “self-proclaimed icons.”
Mehta also told the court that Raina, while launching a new season of his show, had begun the episode by hanging “nimbu-mirchi” in an apparent, if unnamed, reference to the ongoing case, and objected to the comedians’ affidavits using the term “disabled persons” instead of “specially abled persons.”
The bench had initially indicated a cost of Rs 10 lakh, before it was brought down to Rs 5 lakh and finally fixed at a uniform Rs 3 lakh for all five comedians. When counsel for the comedians said the lapse was not born of ego and assured compliance going forward, the CJI was unsparing: “Today’s order has been invited by respondents… We thought you are youngsters belonging to respectable families.”
Referring to Raina, he added, “They think sitting outside the country they are beyond jurisdiction. Let them suffer now. If this is not arrogance, then we have to change the Oxford dictionary also.”
Supreme Court’s directions
The bench directed the comedians to deposit the cost within two weeks and file compliance affidavits within 15 days, warning of coercive action in case of default.
“In public life, the more you respect others, the more respect you earn. You don’t humiliate people,” the CJI observed.
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