SC protects Allahbadia from arrest; slams him for distasteful comment

In the eye of the storm over his comment about parents and sex during an episode of stand-up show 'India's Got Latent', podcaster Ranveer Allahbadia got a major relief on Tuesday from the Supreme Court which protected him from arrest in multiple FIRs lodged against him.

A Bench of Justice Surya Kant and Justice N Kotiswar Singh, however, pulled up Allahbadia for his irresponsible comments. Terming Allahbadia’s comment as a “height of lack of responsibility” and a “condemnable behaviour,” the Bench said, “Just because somebody thinks 'I am popular, I can speak anything and take society for granted'."

"You tell us anyone on the earth would like these kinds of words to be told? You (Allahbadia) are insulting people, parents also. We don't want to say, (but) there’s something very dirty in his mind that has been vomited by way of this program,” the Bench said.

Noting that there was a legislative vacuum on the issue, the Bench said it would like to do something, if the Centre didn’t do anything.

"There was this case of Youtubers...the Union of India is a party...we would like to do something. If the Government of India will willingly do it, we will be very happy. Otherwise, we are not going to leave this vacuum…the way it is being misused by so-called YouTube channels and all these things are going on...,” Justice Kant said.

While issuing notice to the Centre, it asked Additional Solicitor General Aishwarya Bhati to convey it to Attorney General R Venkataramani and Solicitor General Tushar Mehta to assist it on March 3, the next date of hearing.  “We would like to do something. We may not overlook the importance and sensitivity of the issue,” the Bench said.

The top court protected Allahbadia from arrest in cases registered at Nodal Cyber Police, Thane, and Cyber Police Station, Guwahati, subject to the condition that he shall join investigation, as and when summoned by the investigating officers.

“The petitioner or his associates shall not air any show on Youtube or any other audio/visual mode of communication till further orders,” it ordered.

“The interim protection against arrest is granted further subject to the condition that the petitioner will extend full cooperation to the on-going investigation. He will not be accompanied by any counsel inside the police station during the course of investigation,” the Bench ordered.

“If any other FIR on the same set of allegations has been registered in Jaipur (Rajasthan), the arrest of the petitioner shall remain stayed in the said FIR also,” it said.

“No further FIR shall be registered against the petitioner on the basis of the episode aired on show ‘India’s Got Latent’, for which the above mentioned two/three FIRs have already been registered,” the Bench ordered.

The top court asked him to deposit his passport with the Investigating Officer of the Police Station Nodal Cyber Police, Thane, and not to leave India without its prior permission.

As Allahbadia claimed death threats to his family and himself, the top court said he could approach the police in Maharashtra and/or Assam for "protection of his life and liberty, in case of threats".

The top court granted him relief after advocate Abhinav Chandrachud submitted on his behalf that he should be protected from any coercive action and that he was also receiving death threats.

"As an officer of the court, I personally am disgusted by what the petitioner has said but whether it rises to the level of a criminal offence is another question," Chandrachud told the Bench after being asked if he was defending the language used by the petitioner in the show. He, however, insisted that it would not constitute obscenity as it would not arouse lustful thoughts.

“It's not the question of arousing lustful thoughts. It’s the question of what is ultimately the parameter of vulgarity in a particular case,” the Bench said.

Allahbadia’s remarks on parents and sex on comedian Samay Raina's YouTube show 'India's Got Latent' triggered a controversy, leading to several FIRs being lodged against him.

Many political leaders, including Maharashtra Chief Minister Devendra Fadanvis, openly slammed Allanbadia and others for alleged use of obscene and vulgar language in the show.

Admitting that his comments were inappropriate, Allahbadia has issued a public apology.