SC agrees to examine YouTuber’s plea to club cases over ‘obscene remarks’

The Supreme Court on Friday agreed to examine YouTuber Ashish Chanchlani’s plea to club the cases registered in connection with alleged obscene remarks made on a YouTube show. The case is connected to the controversy involving podcaster Ranveer Allahbadia, who has also been named in multiple cases over his remarks on the show India’s Got Latent.

A bench of justices Surya Kant and N Kotiswar Singh issued notices and sought replies from Assam and Maharashtra on Chanchlani’s plea after his counsel said the only issue he pressed was about consolidation of the two First Information Reports (FIRs) at one place, preferably Mumbai. Chanchlani is one of those named in the case filed in Assam. Allahbadia is the primary accused in the case over to his controversial statements on the show.

Chanchlani’s petition seeks the quashing of the FIR registered at the cyber police station in Guwahati, arguing that it was lodged later than a related one in Mumbai. Alternatively, Chanchlani has requested the transfer of the FIR to Mumbai, saying it was initially registered there.

On Tuesday, the Gauhati high court granted Chanchlani interim bail while hearing his anticipatory bail plea and directed him to appear before the investigating officer within 10 days. Chanchlani’s legal team said that he did not make any objectionable statements on the show and that the allegations in the FIR pertained solely to the co-accused.

The Guwahati Police on February 10 registered the FIR following a complaint, invoking provisions of the Bhartiya Nyaya Sanhita, Information Technology Act, Cinematograph Act and Indecent Representation of Women (Prohibition) Act.

The Supreme Court granted interim protection from arrest to Allahbadia on February 18 while criticising his remarks as “perverted” and “disgusting”. It slammed Allahbadia’s comments as a “complete nuisance”. The court said such content was degrading societal values. It emphasised the need for a regulatory framework to curb obscenity on social media and YouTube channels, suggesting that the government consider an anti-obscenity law for YouTube channels and social media platforms.

“What [words] he used at the show -- his parents, his sister, his siblings, and the entire society are ashamed. There’s something very dirty in his mind which he vomited during that show. This is condemnable behaviour and a lack of responsibility. If someone thinks I have become very popular, I have a right to say anything I feel like... You are taking society for granted.”

The court agreed to shield Allahbadia from arrest, imposing strict conditions that included barring him from broadcasting new content until further orders and restraining him from leaving India without prior permission. It prohibited further FIRs against him in connection with his comments on India’s Got Latent.

The court sought responses from Maharashtra and Assam Police and permitted Allahbadia to seek protection amid reports of death threats against him. “If you want to gain cheap popularity by speaking vulgar language, perhaps someone else is also doing the same by issuing these threats.”

The court directed the Union government to explore an anti-obscenity law for online platforms. “These YouTubers and their shows... something has to be done about them, and we will do it. We are not going to leave it like this,” Justice Kant said, indicating the court’s resolve to regulate digital content.

The Allahbadia controversy sparked a debate on the limits of free speech in the social media era. The National Commission for Women also summoned him along with other show producers.

Allahbadia issued a video apology, terming his comments a “lapse in judgment,” but public outrage has persisted. Following suit, comedian Samay Raina, another panellist on the show, announced on February 12 that he was deleting all episodes of India’s Got Latent and assured full cooperation with investigating agencies.