Analysis

“He must have some repentance,” SC permits Ranveer Allahbadia to resume his show

While hearing Allahbadia, the Court pressed the Union to draft content regulations that without compromising free speech

Today, Justices Surya Kant and N.K. Singh, sitting in a Division Bench, permitted YouTuber Ranveer Allahbadia, popularly known as “Beer Biceps,” to resume “The Ranveer Show” on his channel. This is the second relief granted by the top court in his favour. Allahbadia’s incest joke on comedian Samay Raina’s “India’s Got Latent” had sparked controversy last month. 

In the previous hearing, the Court had stayed the filing of fresh FIRs against the YouTuber and had barred him from conducting his show “till further orders”. The bench had also barred him from travelling abroad.

In today’s hearing, Advocate Abhinav Chandrachud, representing Allahbadia, requested a relaxation of these conditions. The Court permitted the release of new episodes but stated that it would decide on the travel restriction later. 

Attorney General R. Venkataramani and Solicitor General Tushar Mehta appeared for the Union and the states of Maharashtra and Assam. There are two FIRs against Allahbadia in these two states.

Chandrachud: Conditions imposed on Allahbadia affect his right to practice profession

Chandrachud pointed out that Allahbadia had 280 employees working under him. Their livelihoods were dependent on the resumption of “The Ranveer Show”. Therefore, he requested the bench to reconsider its earlier direction. Mehta objected. He stated that it would be better if Allahbadia remained “quiet for some time.” He submitted that Allahbadia’s words were not only vulgar but also perverse. He added that he saw “India’s Got Latent” out of curiosity and found the language and the level of humour highly inappropriate “The fact that he chose to remain on this show…Let him be quiet for some time,” Mehta said. 

The Solicitor General also pointed out that despite the Gauhati police summoning Allahbadia for investigation, he had not presented himself. Chandrachud clarified that Allahbadia had sent two letters seeking a time and date, however, the police had not responded. 

Favouring Allahbadia’s prayer, the bench held that he could resume his show as long as he followed the standards of morality and decency, which was fit for all age groups. He was asked to submit an undertaking to this extent. Justice Kant noted that Allahbadia must have felt some repentance for his comments. 

Sensing Mehta’s displeasure with the direction, Justice Kant pointed out that it was necessary, given the number of employees working under Allahbadia. He also directed the Assam police to provide a date and time for Allahbadia to meet the investigating officer in Gauhati. 

On the question of Allahbadia’s international travel, Justice Kant stated that the Court would consider this request after Allahbadia met with the authorities in Assam.

Mehta: No room for vulgarity and perversity, need guidelines 

The Solicitor took the opportunity to express his concerns on the nature of “vulgar” speech used in the public domain. He submitted that the issue was “really troubling” and that “some kind of guidelines” were required to regulate such speech. Mehta said that the standard for vulgarity in India should not compete with standards in other jurisdictions. He highlighted that the notions of speech vary in different societies. For instance, in the United States, burning the national flag was protected under their free speech provisions but is a criminal offence in India. 

Justice Kant acknowledged that moral standards differ from country to country. He emphasised that freedom of speech carries corresponding responsibilities and stated that humor should be crafted in a way that an entire family can enjoy. He urged the Union to propose a “very limited” regulatory measure that avoids outright censorship. In other words, the Court emphasised that the proposed regulatory framework must not infringe the right to free speech but operate within the limited restrictions permitted under Article 19(2) of the Constitution.

He suggested that the government consult stakeholders, media professionals, and the public to gather inputs before formulating a framework. “Everybody can contribute, and then we can determine the safest regulatory measure,” he remarked. Mehta agreed, asserting that vulgarity and perversity should not be permitted. “If you cannot make me laugh without being vulgar, you are not a good comedian,” he stated.