'Samay Raina has brazenly violated court orders': SC raps comedian over insensitive remarks
&imwidth=600&imheight=450&format=webp&quality=medium "'Samay Raina has brazenly violated court orders': SC raps comedian over insensitive remarks")
File image of Samay Raina Photograph: (Instagram/maisamayhoon)
Comedian Samay Raina and four others have been called out and ordered to pay a Rs 3 lakh fine each for making insensitive remarks on the specially abled individuals on his show India's Got Latent.
The Supreme Court on Tuesday slapped a fine of Rs 3 lakh on stand-up comic and YouTube star Samay Raina for violating court orders in a case connected to insensitive remarks made on his show India’s Got Latent about persons with disabilities. Not just Raina, but the court imposed a similar fine on four others involved with the show.
A Bench of Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana passed the order on Tuesday after it was brought to their notice that Raina had not invited any disabled persons to his show, which was directed by the Court earlier.
The court was hearing a petition filed by Cure SMA India Foundation, which has accused 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 in his show, India’s Got Latent.
The foundation filed petition 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 by the fact 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 report in Bar and Bench.
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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.
"It's a social burden we are putting on you, not a penal burden. You are well-placed persons in society. If you have become too popular, then share it with others," Chief Justice Surya Kant said during a hearing last year.
What happened in court
On Tuesday, advocate Aparajita Singh, appearing for Cure SMA Foundation, objected to use of word "disabled" instead of "specially abled" in shows by Raina and said they (the comics) have organised some events but they have not contacted the Foundation as directed by the court.
"I don't know what kind of youth icon he is... I shudder to think. There is a genuine lack of apology from Samay Raina," Aparajita Singh told the court.
She further said that the foundation was no longer willing to associate with an egoistic and arrogant person like him.
The lawyer for Samay Raina submitted that they did not have the address of Cure SMA Foundation, adding that's "why we did not approach them".
Raina's counsel told the court that Rs 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 specially abled people were called and photos are there. But if Ms (Aparajita) Singh's client was not reached out then it is unfortunate. We will prevail over our client and have it done," Samay Raina's lawyer said.
The apex court eventually imposed costs on Raina and others.
The Bench had initially contemplated a fine of Rs 10 lakh but eventually reduced it to Rs 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 Rs 30 lakh," the Bench warned Raina and others.
