In a crucial hearing on July 15, 2025, the Supreme Court asserted that freedom of expression under Article 19 cannot override the right to dignity under Article 21 of the Constitution. The observation was made in a case involving comedians accused of making insensitive jokes about PWDs.
A bench of Justices Surya Kant and Joymalya Bagchi was hearing three related petitions. These included pleas by popular YouTubers Ranveer Allahabadia and Ashish Chanchlani seeking clubbing of FIRs filed against them, and a third plea by SMA Cure Foundation, represented by senior advocate Aparajita Singh, alleging objectionable content by comedians Samay Raina, Vipun Goyal, Balraj Paramjit Singh Ghai, Sonal Thakkar (aka Sonal Aditya Desai) and Nishant Jagdish Tanwar.
Read also: CSR Fund Scam: Supreme Court Dismisses Plea Against Exclusion of Retired Kerala HC Judge from FIR
Justice Surya Kant firmly stated, "Article 19 cannot prevail over Article 21… Article 21 must prevail if there is a contest." He gave primacy to the right to dignity of the individual over unrestricted expression.
During the hearing, the court directed that all comedians, except Sonal Thakkar, continue to appear in person in further proceedings. Thakkar was allowed to appear online. The judges made it clear that non-compliance of these directions will be taken seriously and no further time limit will be given for filing replies.
Justice Surya Kant ordered, "No further time will be granted… Any absence will be viewed seriously."
Read also: SC Declines PIL on Fraudulent Loan Practices; Says ‘Go to RBI’
The Mumbai Police Commissioner submitted an affidavit confirming that the notices were effectively served on the respondents. All the accused comedians were present in the Court on the day and were complying with the earlier orders.
In an earlier session, the Court had strongly criticised Ranveer Allahabadia for his "filthy, perverted" comments and indicated the need to regulate obscene content on digital platforms. The Bench had also posed questions to the Central Government about possible steps for such regulation.
On the Foundation's plea, the Court had earlier issued notice and asked the Mumbai Police to ensure the presence of the comedians. Given the sensitive nature of the matter, the Court had also sought assistance from the Attorney General of India.
Today, Advocate General R. Venkataramani requested more time to assist in framing appropriate guidelines. The Court agreed and called for a broad consultation process.
Read also: Supreme Court Dismisses Plea Against Extension of Ban on SIMI
Justice Surya Kant encouraged an inclusive approach to determine the constitutional limits of freedom of expression, saying, "We call for an open debate… all stakeholders and members of the bar are welcome to give suggestions."
Significantly, the bench clarified that the effort to draft guidelines should not be misused in future.
Justice Surya Kant underlined, "What we are doing is for the future generation… it should not be misused. There has to be a framework to protect rights and ensure that dignity is not compromised."
Click here to read more about SMA Cure Foundation's contentions.
Case Title:
(1) RANVEER GAUTAM ALLAHABADIA Versus UNION OF INDIA AND ORS., W.P.(Crl.) No. 83/2025
(2) ASHISH ANIL CHANCHLANI Versus STATE OF GUWAHATI AND ANR., W.P.(Crl.) No. 85/2025
(3) M/S. CURE SMA FOUNDATION OF INDIA Versus UNION OF INDIA AND ORS., W.P.(C) No. 460/2025