The Supreme Court on Tuesday imposed a fine of ₹3 lakh each on stand-up comic and YouTuber Samay Raina and four others for violating court orders in the case connected to insensitive remarks made on their show about persons with disabilities.
A Bench of Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana passed the order after it was brought to their notice that Raina had not invited any disabled persons to his show, which was one of the directions given by the Court earlier. The court was hearing a petition filed by Cure SMA India Foundation, accusing Raina of making insensitive remarks about the high cost of treatment for Spinal Muscular Atrophy. Raina is also alleged to have ridiculed a person with such a disability.
The petition was filed seeking regulations for the broadcast of such online content in violation of the right to life and dignity of persons with disabilities.
"We have reason to believe that Samay Raina has taken the court for a ride and has brazenly violated the orders of this court. The misconduct is further compounded stating that an affidavit is filed when nothing is on record. Thus, we impose a cost of ₹3 lakh to be deposited within 2 weeks," the Court ordered, according to a Bar and Bench report.
{{/usCountry}}"We have reason to believe that Samay Raina has taken the court for a ride and has brazenly violated the orders of this court. The misconduct is further compounded stating that an affidavit is filed when nothing is on record. Thus, we impose a cost of ₹3 lakh to be deposited within 2 weeks," the Court ordered, according to a Bar and Bench report.
{{/usCountry}}In November 20205, Raina and other comedians were directed by the Supreme Court to organise at least 2 events per month to raise funds for the corpus set up to treat persons with disabilities. They were also directed to persuade specially-abled people to join their programs.
What happened
Senior Advocate Aparajita Singh, appearing for the petitioner-organisation, claimed on Tuesday that Samay Raina never contacted them or any other specially-abled persons to join any of his shows.
Raina's counsel told the court that ₹9 lakh was raised through the shows for disabled persons.
"We do not want any money from them," the petitioner's counsel responded.
"You should have invited the client of Ms Aparajita Singh and done the show. Now you are giving the sense that you are trying to buy them out. If you used their disability to showcase your fundamental right to have commercial speech... What about their fundamental right to dignity?" the bench said.
The apex court eventually imposed costs on Raina and others. The Bench initially 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.