'Go apologise on your podcasts': Supreme Court tells Samay Raina, other comedians over jokes on persons with disabilities
The bench of Justices Surya Kant and Joymalya Bagchi was hearing the case against Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar.
- Aug 25, 2025,
- Updated Aug 25, 2025 5:19 PM IST
The Supreme Court on Monday directed five comedians, including Samay Raina, to post their apology on YouTube and other social media handles for making jokes about persons with disabilities (PwDs). The order came while hearing a petition filed by SMA Cure Foundation, represented by senior advocate Aparajita Singh.
The bench of Justices Surya Kant and Joymalya Bagchi was hearing the case against Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar. The Court said that it would decide the penalty to be paid by them in the next hearing.
Justice Kant was quoted as saying by Live Law, “The degree of repentance should be higher than the degree of offending, it's like purging contempt.”
Attorney General R Venkataramani informed the Court that draft guidelines on such content are being prepared but added that there cannot be a “complete gag.” Senior advocate Aparajita Singh told the Court that “better sense have prevailed” and that the comedians have apologised. She also suggested they use their platforms to spread awareness about disability rights.
The judges underlined that humour must not cross the line of dignity. Justice Bagchi said: “Humor is well taken and is a part of life. We laugh at ourselves. But when we start laughing at others and create a breach of sensibility... on a community plane, when humor is generated, it becomes problematic. And this is what so-called influencers of today should bear in mind. They are commercializing speech. The community at large should not be utilized to hurt the sentiments of certain sections. It's not only freedom of speech, it's commercial speech.”
Justice Kant added that there should be penal consequences under the IT Act proportionate to the harm caused. He told the comedians, “Go apologize on your podcasts, etc. Then consider what Ms. Aparajita has suggested. Then tell us about cost/penalty you are willing to bear.”
The Court is hearing three connected cases — two petitions filed by YouTubers Ranveer Allahabadia and Ashish Chanchlani seeking clubbing of FIRs against them, and the petition by SMA Cure Foundation regarding the comedians. Allahabadia had earlier been granted interim protection and his passport was ordered to be released. Chanchlani secured interim protection from Gauhati High Court, while the Supreme Court issued notice on his plea.
On May 5, the Court issued notice on SMA Cure Foundation’s plea and directed the Mumbai Police Commissioner to ensure the comedians’ presence, warning of coercive action if they failed to appear. The Attorney General was also asked to assist given the “sensitivity and importance” of the matter. On July 15, all five comedians appeared; the Court gave them time to file replies, directed everyone except Sonali Thakkar to attend in person, and warned that any future absence would be viewed seriously.
The judges said the case involves the dignity of PwDs. Justice Kant noted that suggestions are welcome from all stakeholders on preventing misuse of free speech online. He stressed, “Article 19, which provides freedom of speech and expression, cannot overpower Article 21… one’s right to dignity.”
The matter will be heard next to decide on the financial penalty for the comedians.
The Supreme Court on Monday directed five comedians, including Samay Raina, to post their apology on YouTube and other social media handles for making jokes about persons with disabilities (PwDs). The order came while hearing a petition filed by SMA Cure Foundation, represented by senior advocate Aparajita Singh.
The bench of Justices Surya Kant and Joymalya Bagchi was hearing the case against Samay Raina, Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar alias Sonali Aditya Desai, and Nishant Jagdish Tanwar. The Court said that it would decide the penalty to be paid by them in the next hearing.
Justice Kant was quoted as saying by Live Law, “The degree of repentance should be higher than the degree of offending, it's like purging contempt.”
Attorney General R Venkataramani informed the Court that draft guidelines on such content are being prepared but added that there cannot be a “complete gag.” Senior advocate Aparajita Singh told the Court that “better sense have prevailed” and that the comedians have apologised. She also suggested they use their platforms to spread awareness about disability rights.
The judges underlined that humour must not cross the line of dignity. Justice Bagchi said: “Humor is well taken and is a part of life. We laugh at ourselves. But when we start laughing at others and create a breach of sensibility... on a community plane, when humor is generated, it becomes problematic. And this is what so-called influencers of today should bear in mind. They are commercializing speech. The community at large should not be utilized to hurt the sentiments of certain sections. It's not only freedom of speech, it's commercial speech.”
Justice Kant added that there should be penal consequences under the IT Act proportionate to the harm caused. He told the comedians, “Go apologize on your podcasts, etc. Then consider what Ms. Aparajita has suggested. Then tell us about cost/penalty you are willing to bear.”
The Court is hearing three connected cases — two petitions filed by YouTubers Ranveer Allahabadia and Ashish Chanchlani seeking clubbing of FIRs against them, and the petition by SMA Cure Foundation regarding the comedians. Allahabadia had earlier been granted interim protection and his passport was ordered to be released. Chanchlani secured interim protection from Gauhati High Court, while the Supreme Court issued notice on his plea.
On May 5, the Court issued notice on SMA Cure Foundation’s plea and directed the Mumbai Police Commissioner to ensure the comedians’ presence, warning of coercive action if they failed to appear. The Attorney General was also asked to assist given the “sensitivity and importance” of the matter. On July 15, all five comedians appeared; the Court gave them time to file replies, directed everyone except Sonali Thakkar to attend in person, and warned that any future absence would be viewed seriously.
The judges said the case involves the dignity of PwDs. Justice Kant noted that suggestions are welcome from all stakeholders on preventing misuse of free speech online. He stressed, “Article 19, which provides freedom of speech and expression, cannot overpower Article 21… one’s right to dignity.”
The matter will be heard next to decide on the financial penalty for the comedians.