'Article 19 Can't Prevail Over Art 21' : Supreme Court Says As Samay Raina & 4 Others Personally Appear In Case Over Jokes On Disabled

Pursuant to the last order, 5 comedians, including Samay Raina, entered appearance before the Supreme Court today in a plea accusing them of making insensitive jokes about persons with disabilities.

While giving them time to file reply, the Court ordered that the comedians, except Sonali Thakkar, shall continue to appear in-person before the Court, while Sonali Thakkar was allowed to appear online.

The Court added that the comedians' absence from the proceedings would be viewed seriously and no further time beyond 2 weeks would be granted to them to file their response. It was reiterated that the issue raised in the matter is a serious one, involving right to dignity of PwDs.

"In deference to our order, Police Commissioner, Mumbai has filed an affidavit regarding effective service on respondent Nos.6-10 and the proof of such service has also been attached. Respondent Nos.6-10 are present in Court in compliance with our order. Their counsel seeks and is granted 2 weeks to file counter-affidavit...No further time shall be granted...Respondents 6-8 and 10 shall remain present in person on the next date as well. Any absence shall be viewed seriously. Respondent No.9 (Sonali Thakkar) is permitted to appear online", dictated Justice Surya Kant.

When the comedians' counsel attempted to seek some indulgence from the Court, Justice Kant sternly replied, "They will remain [present], we don't want to pass any further order today...In the meantime, you take decision on what you are supposed to do".

A bench of Justices Kant and Joymalya Bagchi was dealing with 3 cases - two petitions filed by Youtubers Ranveer Allahabadia and Ashish Chanchlani for clubbing of FIRs lodged against them in connection with the India's Got Latent controversy, and one petition filed by M/s SMA Cure Foundation (represented by Sr Advocate Aparajita Singh) accusing comedians Samay Raina, Vipun Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar a.k.a. Sonali Aditya Desai and Nishant Jagdish Tanwar of making insensitive jokes that mocked persons with disabilities (PwDs).

Previously, the Court granted interim protection to Allahabadia and ordered release of his passport by investigating authorities. Chanchlani, on the other hand, secured interim protection from Gauhati High Court but got notice issued by the Supreme Court on his plea for clubbing of FIRs.

The hearings witnessed the bench severely berate Allahabadia for his "dirty, perverted" remarks and express an intention to do something to regulate obscene content on YouTube and other social media. In this regard, it even asked the Union Government about its views.

On May 5, the Court issued notice on SMA Cure Foundation's petition. It further directed the Commissioner of Police, Mumbai to issue notice to Raina and the other comedians to ensure that they remain present in the Court on the next date. If they fail to appear, coercive steps will be taken, the Court warned. It also sought the presence of the Attorney General for India to assist the Court, having regard to the "sensitivity and importance" of the issue raised.

Today, AG Venkataramani sought more time to assist the Court on the aspect of guidelines, saying that their enforceability is an issue that needs to be considered at length. Accommodating the request, Justice Kant remarked that suggestions on the guidelines are welcome from all stakeholders and members of the Bar.

"For that, we can grant more time...we would like to test the guidelines...you have to have guidelines which are in conformity with constitutional principles, comprising both parts - freedom, where limit of that freedom ends, and where duties start...we would like to invite open debate on that...members of Bar, stakeholders and all so-called stakeholders, all invited", the judge said.

Justice Kant also notably stressed that Article 19, which provides freedom of speech and expression, cannot overpower Article 21 of the Constitution, which provides right to life and liberty (a facet of which is one's right to dignity). "Individual misconducts, which are under scrutiny, will continue to be examined. Foundation has raised serious issue. Something very disturbing. Right to dignity also emanates from right which someone else is claiming...Article 19 can't overpower Article 21...Article 21 must prevail if any competition takes place", the judge said.

At the same time, it was underlined that what the Court is attempting to by laying down guidelines should not be misused by someone in future. "What we are doing is for posterity. What we do should not be misused by anyone, you have to ensure that too. There has to be a balance. We have to protect citizens' rights. But framework has to be there so that dignity of anyone is not violated", said Justice Kant.

Click here and here to read more about SMA Cure Foundation's contentions.

Case Title: (1) RANVEER GAUTAM ALLAHABADIA Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 83/2025

(2) ASHISH ANIL CHANCHLANI Versus STATE OF GUWAHATI AND ANR., W.P.(Crl.) No. 85/2025

(3) M/S. CURE SMA FOUNDATION OF INDIA Versus UNION OF INDIA AND ORS., W.P.(C) No. 460/2025

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