Ranveer Allahbadia, Raina face inquiry; HC lawyer questions free speech limits

The Mumbai police have initiated an inquiry against YouTuber and podcaster Ranveer Allahbadia comedian Samay Raina influencer Apoorva Makhija and the organisers of talent show Indiarsquos Got Latent following a complaint submitted to the Mumbai police commissioner and the Maharashtra State Commission for WomenThe complaint filed by Bombay High Court advocates Ashish Rai and Pankaj Mishra alleges the use of objectionable language and demands strict action against the accused ldquoA complaint has been filed against the show for using derogatory remarks against women The motive is clearmdashthey seek popularity by making such comments earning money and portraying women in a bad lightrdquo Rai told the pressYouTuber and podcaster Ranveer Allahbadia left and comedian Samay Raina right on the sets of Indiarsquos Got Latent PicXadigitalbloggerThe Mumbai Police sprang into action following the complaint with a team visiting a studio in Khar where the show was believed to have been shot ldquoAn inquiry has been initiatedrdquo said Dixit Gedam DCP Zone IX Mumbai PoliceIn addition to the complaint filed by the lawyers multiple complaints were forwarded to the Mumbai Police urging strict action against the show One such complaint was submitted by Nilotpal Mrinal vicepresident of BJP Maharashtrarsquos Uttar Bhartiya Morcha Police sources stated that they are conducting an inquiry and gathering evidence to determine under which sections a case can be registered including those related to obscenity and the IT ActPolice personnel outside the building that houses the Indiarsquos Got Latent studio in Khar on Monday PicSayyed Sameer AbediCommenting on the matter Chief Minister Devendra Fadnavis said ldquoI have been informed about it though I havenrsquot seen it myself I have learned that things were presented in an indecent manner which is absolutely wrong Freedom of speech applies to everyone but it ends where it encroaches upon someone elsersquos rights This is not acceptable There are boundaries everyone must respect We have set guidelines against obscenity and if anyone crosses those limits action will be taken against themrdquo After the controversy erupted on social media over the controversial episode which dropped on Rainarsquos channel on February 8 and Allahbadia faced backlash for his remarks he issued an apology on his X handle stating ldquoI shouldnrsquot have said what I said on Indiarsquos Got Latent Irsquom sorryrdquoA still from the apology video released by Ranveer Allahbadia on X on MondayIn a video statement he added ldquoMy comment was not just inappropriatemdashit wasnrsquot even funny Comedy is not my forte Irsquom just here to say sorry Many of you asked for an apology and this is how I wish to use my platform Obviously this is not how I want to use it again Irsquom not going to provide any context justification or reasoning for what happened I personally had a lapse in judgment and it wasnrsquot cool on my part The podcast was watched by people of all agesrdquoLater in the day Assam CM Himanta Biswa Sarma posted on X that the Guwahati police had booked the YouTubers and influencers ldquofor promoting obscenity and engaging in sexually explicit and vulgar discussionrdquoFeb 8Day controversial episode was releasedLawyerSpeakDr Sujay Kantawala Bombay High Court lawyerBombay High Court lawyer Dr Sujay Kantawala commented on the controversy stating ldquoIt is extremely distasteful especially in a culture where parents are held in the highest esteem For cheap publicity people seem willing to go to any extent However prima facie there does not appear to be any violation of the lawmdashthough morally it is certainly questionable The real concern is where are we heading as a society We must draw a line somewhere In the name of comedy you cannot turn the nation into a Speakersrsquo Corner at Hyde Park a traditional site for public speeches and debates since the mid1800srdquoldquoFreedom of speech and expression granted under Article 191a of the Constitution also comes with reasonable restrictions It cannot be misused or abused at will The time has come for a serious debate on this issuerdquo he addedArticles 191 amp 192According to Advocate Trivankumar Karnani Article 191a of the Indian Constitution guarantees the right to freedom of speech and expression but this right is not absolute and is subject to reasonable restrictions under Article 192 which are as followsPublic orderNational securityInternational relationsDefamationSovereignty and integrity of the stateContempt of courtIncitement of offenceDecency and moralityIf the act falls within any of the above restrictions an FIR can be registered and police have powers to investigate However under the new criminal law the language is slightly changed and is read with earlier judicial precedents on similar cases Hence when it reaches the courts the judiciary will have to analyse whether the obscenity was intended merely for entertainment as a creative expression for a private audience for the purpose of comedy and for a particular private audience based on a subscription model or whether it was in a public setting before the public at large Hence the context audience and intent will determine the legal outcome The police are at liberty to act in their discretion and apply their mind logically as we all are aware that it was on a subscription based model not before the public at large while the videos may have gone viral on social media and the intent was for entertainment In my view the courts may then rule in favor of freedom of expression provided it does not violate decency and morality standards under Article 192