The apex court had earlier accepted assurances from Raina and other comedians to make amends for the controversy over insensitive jokes by organising special programmes highlighting the accomplishments of persons with disabilities and supporting fundraising efforts for children with rare disorders.

New Delhi: The Supreme Court on Tuesday (July 14) imposed a penalty of Rs 3 lakh on comedian Samay Raina, expressing dissatisfaction over his failure to comply with its earlier directions to use his platform to feature persons with disabilities on his digital channels, and promote awareness and fundraising for children affected by rare disorders, observing that he had “misled the Court”.

The directions stemmed from the controversy surrounding insensitive jokes aimed at persons with disabilities on Raina’s show India’s Got Latent. The court also imposed the same penalty on four other comedians — Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar and Nishant Jagadish Tanwar.

The bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana granted him 15 days to submit a compliance affidavit, cautioning that failure to do so would result in the penalty being increased to Rs 30 lakh.

“We have no reason to believe that Samay Raina has acted fairly with this court. He is in blatant breach of the statements/undertakings given before this court,” the bench observed.

During an earlier hearing, the apex court had accepted their undertakings that they would address their insensitive jokes by conducting special shows twice a month showcasing the achievements of persons with disabilities, while generating funds for the treatment of children with rare disorders.

However, senior Advocate Aparajita Singh, representing the Cure SMA Foundation, submitted that although Raina had resumed his performances, he had neither contacted the Foundation nor involved persons living with SMA in the manner envisioned by the court’s earlier directions.

‘What about their fundamental right?’

Justice Bagchi observed that Raina, by inviting a handful of persons with disabilities after the controversy, created the impression that he was attempting to “buy them off”, Supreme Court Observer reported.

“If you used their disability to promote your fundamental right to commercial speech,” he remarked, prompting CJI Surya Kant to ask, “What about their fundamental right to dignity?”

Raina’s counsel submitted that persons with disabilities had attended the performances and that photographs had been placed on record. However, he stated that if the Foundation had not been contacted, it was “regrettable”, and assured the bench that the lapse would be corrected.

‘Self-styled icon’

The senior counsel argued that the comedian’s conduct reflected disregard for the Supreme Court’s directions, adding that the Foundation did not wish to receive even a single rupee from Raina (or the other comedians), LiveLaw reported.

Aparajita Singh characterised the conduct as being driven by “ego and arrogance”.

“People like Samay Raina are apparently seen as youth icons. I shudder at the thought,” she said. Solicitor General Tushar Mehta added, “Our youth have better role models.”

The CJI then remarked that they are “self-styled icons.”

On renewal of the show

Mehta also referred to Raina’s new programme – India’s Got Latent Season 2 – on Netflix.

“Recently, he launched a new season. He mentioned that this time he was doing something he had not done previously. He hangs nimbu and mirchi. He did not mention anyone by name, but the reference was fairly obvious. I did not wish to raise it, but if he (Raina) has still not contacted the SMA Foundation/persons living with SMA,” the solicitor general noted, as reported by LiveLaw.

The comedians’ counsel submitted that the failure to comply did not arise from ego and assured the court that they would urge their clients to fulfil the directions. The CJI, however, expressed strong disapproval of their conduct.

“They believe that by remaining outside the country, they are beyond this court’s reach. Let them face the consequences now. If this is not arrogance, then we may have to rewrite the Oxford dictionary as well,” said CJI Kant.