Samay Raina, other comedians told by SC to tender unconditional apology
The Supreme Court today pulled up Comedian Samay Raina and others over the apology submitted by them for allegedly mocking persons with disabilities.
"The apology must always be proportional to the disrespect caused..", Justice Surya Kant led bench of the Supreme Court said today. Justice Kant further observed, "Today we have an unfortunate case of disabled, tomorrow it can be women, then children then senior citizens...where this society will land..".
With this view the bench has directed the respondent comedians before it to tender unconditional apology on their YouTube channels.
Justice Joymalya Bagchi, also on the bench, said that these so called influencers were commercializing speech and that was affecting the community at large. "There are various speeches...when there is a overlap between commercial and prohibited speech then you dont have a freedom anymore...", Justice Bagchi added.
Senior Advocate Aparajita Singh appears for NGO Cure SMA suggested that as what these influencers say matters, they should offer to use their influence to spread awareness on the issue.
Court taking this into consideration, has asked the comedians to put their apologies on podcasts etc. and also give an affidavit on how they can carry out the suggestions made by the senior counsel.
In July, comedian Samay Raina and others appeared before Supreme Court pursuant to the court's May 5 order directing the Commissioner of Mumbai Police to issue notice to them.
A Justice Surya Kant led bench had also warned that coercive action will be taken against them in case they fail to appear. Court was hearing a writ petition filed by NGO Cure SMA Foundation seeking regulation of online content & action against Comedian Samay Raina & others for allegedly mocking persons with disabilities.
Appearing for the NGO Cure SMA Foundation, Senior Advocate Aparajita Singh had highlighted that such practices have damaging effects on the entire generation.
On April 21, the Supreme Court took strong exception to comedian Samay Raina’s alleged mockery of the exorbitant treatment cost for spinal muscular atrophy (SMA), stating that such ridicule could not be passed off as humour or satire when it demeans persons with disabilities.
During the hearing, Senior Advocate Aparajita Singh, appearing for NGO Cure SMA Foundation, sought to intervene and pressed for regulatory mechanisms to curb offensive speech targeting the disabled community. Singh had told the court that comedian Samay Raina’s remarks ridiculing the Rs 16 crore cost of SMA treatment for infants had a damaging psychological and social effect, diminishing public empathy and hampering fundraising for treatment.
The senior counsel also cited instances where Raina allegedly mocked a visually impaired individual and referred to a video clip where former cricketers Yuvraj Singh, Harbhajan Singh, and Suresh Raina were seen limping and holding their backs to mimic injuries, allegedly trivializing disability.
“These clips are merely the tip of the iceberg,” Singh argued, adding that persons with disabilities are routinely made objects of pity or derision in popular media, which violates their right to dignity under Article 21 of the Constitution. Taking cognizance of the issue, court directed the NGO to compile and submit a list of such incidents, along with video transcripts and suggestions for remedial measures. “Free speech cannot be a license to demean vulnerable communities under the guise of satire,” the bench had observed.
Case Title: M/S. Cure SMA Foundation of India vs. Union of India & Ors
Hearing Date: August 25, 2025
Bench: Justices Kant and Bagchi