The Supreme Court on Tuesday July 14, came down heavily on comedian Samay Raina during the hearing in India's Got Latent matter, making a series of sharp observations over alleged non-compliance with its earlier directions.
The proceedings were held in connection with petitions arising from FIRs registered over offensive remarks made on India's Got Latent. During the hearing, the bench repeatedly questioned Raina's conduct, his compliance with previous court orders and the steps taken by him after assuring the court that he would create awareness through shows involving persons with disabilities.
Court questioned compliance with earlier assurances
Appearing before the bench, as per Bar and Bench, advocate Aparajita Singh argued that the respondents had failed to honour the commitments made before the court. "This arrogance that I am not going to bow down," Singh submitted.
Raina's counsel responded that persons with disabilities had indeed been invited to the shows and photographs were available to support the claim. However, the lawyer admitted that if Singh's client had not been approached, "it is unfortunate," adding, "We will prevail over our client and have it done."
The explanation did not convince the bench.
Chief Justice of India B R Gavai observed, "We have been granting liberty for so long. We thought you are youngsters from respectable family and work on it... but nothing is happening."
When Singh reiterated, "This is just ego and arrogance," Raina's counsel replied, "There is no ego." The Chief Justice then remarked, "If this is not arrogance then we have to check Oxford Dictionary."
'Taken the court for a ride': Bench imposes costs
The hearing also saw the court express strong displeasure over what it described as misleading submissions. "We have no 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," the Chief Justice observed.
The court directed Raina to deposit Rs 10 lakh within two weeks, warning that failure to comply would invite further legal consequences.
The bench also dealt with other respondents in the matter. It initially imposed a uniform cost of Rs 5 lakh on all respondents for non-compliance with its earlier directions and for failing to place an updated status report before the court despite three hearings.
When the counsel requested that the amount be waived, the Chief Justice declined, saying the cost had been imposed because of the respondents' failure to comply with the court's orders. After the lawyer submitted that an affidavit had been filed late, the bench reduced the amount to Rs 3 lakh but issued a stern warning. "If you don't comply it will become 30 lakhs," the Chief Justice said.
Court stresses dignity and respect
During the hearing, Solicitor General Tushar Mehta referred to the opening sequence of one of Raina's shows, where the comedian hangs a "Nimbu-Mirchi" on stage to ward off bad luck and prevent the show from getting cancelled.
"It was very clear what is he was targeting or speaking about," Mehta told the court. The Chief Justice responded, "If you don't know how to mend your ways or respect sentiments of the society members then you have to face consequences."
Raina's counsel informed the bench that around Rs 9 lakh had been raised through the shows organised as part of the undertaking.
Advocate Aparajita Singh, however, said, "We do not want any money from them." Justice Bagchi also questioned the approach adopted by the respondents.
"You should have invited the client of Ms Aparajita Singh and done the show. Now you are giving a sense that you are trying to buy them out. If you used their disability to showcase your fundamental right to have commercial speech..."
The Chief Justice added, "What about their fundamental right to dignity." Justice Bagchi further observed, "Your show deals with humour. It deals with right to happiness. But you are only on right to material things."
Closing the proceedings, the Chief Justice reminded the comedian of the responsibilities that come with public influence. "As an artist you are in public life. In public life more you respect others the more is the investment," he said.
Also read: Mukesh Khanna teams up with Samay Raina after criticising him, gets massively trolled
