SC quashes FIRs against comedian Samay Raina, 4 others over 'India's Got Latent' remarks

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana took note of their compliance with its earlier directions, including conducting awareness programmes and contributing towards initiatives for persons with disabilities.

Apart from Raina, the other four against whom the FIRs were quashed are Vipul Goyal, Balraj Paramjeet Singh Ghai, Sonali Thakkar, also known as Sonali Aditya Desai, and Nishant Jagdish Tanwar.

"Matter qua respondents 6-10 is closed. Criminal proceedings against respondents 6-10 are hereby quashed. All other related proceedings are set aside," the order stated.

The apex court appreciated the efforts undertaken by them to engage with persons with disabilities and conduct programmes aimed at raising awareness and funds for them.

Senior advocate Aparajita Singh, appearing in the matter for petitioner Cure SMA India Foundation, told the bench that the previous order had resulted in a "genuine effort to engage" and that the parties were discussing ways to highlight the achievements of the petitioners.

To this, the bench observed, "Once there are genuine efforts, positive results are bound to be there. They are very bright youngsters. If they have started working in a positive direction, there will be positive output."

The apex court was hearing a petition filed by Cure SMA India Foundation accusing Raina of insensitive remarks over the high cost of treatment for Spinal Muscular Atrophy (SMA). Raina is also alleged to have made insensitive remarks on the show about persons with disabilities.

During the hearing, the bench took note of the affidavit filed by Raina and others detailing the steps taken in compliance with its earlier directions.

The affidavit stated that a chess tournament for specially-abled persons was organised in Pune in March, and four other shows had been scheduled for fundraising purposes, although these could not be held due to logistical difficulties.

The apex court noted that they expressed willingness to invite persons suffering from Spinal Muscular Atrophy (SMA) to such events and provide them financial assistance. The apex court took note of the fact that Rs 12.5 crore had been received from the shows and that they had expressed their willingness to donate the amount.

The top court particularly appreciated the "constructive conversation" that had taken place between them and the petitioner NGO, noting that Raina and others had expressed gratitude for the guidance provided by the NGO in organising the programmes.

The bench expressed confidence that they would continue their efforts to organise events aimed at celebrating the lives and enhancing the dignity of "SMA warriors" and other persons with disabilities.

During the hearing, the CJI also referred to his interaction with persons with disabilities on August 13.

The CJI said that the judges had spent around one-and-a-half hours with the persons with disabilities the previous day and described the interaction as a "very satisfying experience."

"We had an opportunity to interact with some specially-abled persons. It was a learning and eye-opener for us also," the CJI observed.

The bench, while granting relief to Raina and others, kept the petition pending on the larger issue concerned with framing of guidelines and said the matter would be listed for issuing appropriate directions.

The top court had earlier imposed a fine of Rs 3 lakh each on Raina and four others for violating its orders in the case arising from the remarks made on the show concerning persons with disabilities.

It had said that Raina has "taken the court for a ride" and has brazenly violated the orders of the court, while imposing Rs three lakh for not complying with the court's previous direction. (ANI)