SC allows Ranveer Allahbadia to get back passport, lets cops impose conditions
Ranveer Allahbadia had applied for the return of his passport in March, pointing that he was required to extensively travel and interview persons for his podcast
NEW DELHI: The Supreme Court on Monday directed the police to return podcaster Ranveer Allahbadia’s passport to enable him to travel for work after the Assam and Maharashtra governments told the court that their investigation against him into the obscene remarks on comedian Samay Raina’s show ‘India’s Got Latent’ has concluded.
A bench comprising justices Surya Kant and N Kotiswar Singh told Allahbadia, known as BeerBiceps on social media, to approach the Maharashtra Cyber Crime Bureau where his passport is deposited and directed him to cooperate with the investigation till the filing of the charge sheet. The court also directed the Maharashtra cyber crime unit to impose reasonable terms and conditions while returning the passport.
The investigation against the other accused is still continuing.
The bench said, “It is stated by solicitor general Tushar Mehta that investigation in both states - Assam and Maharashtra qua petitioner (Ranveer Allahbadia) is complete… Consequently, we allow the petitioner to apply to the Maharashtra Cyber Crime Bureau for release of passport. Upon such application, let passport be released on such reasonable terms and conditions as required to be complied with.”
Allahbadia, who has 10.4 million subscribers on YouTube, first sought return of his passport in March this year, pointing that he was required to extensively travel and interview persons for the podcast, “his only source of livelihood”.
He had surrendered the passport to the police on the Supreme Court’s February 18 order that protected him from arrest in multiple FIRs filed over his “perverted” and “disgusting” comments during a show. The episode of ‘India’s Got Latent’ was published on YouTube on February 9 and taken down two days later following a complaint by the union government.
At its hearing on April 1, the top court refused to accept his request to release his passport and asked him to wait for the completion of the police probe.
On Monday, the solicitor general informed the court that the investigation against Allahbadia was complete and asked that Allahbadia continue to cooperate with the probe till the filing of the charge sheet. As his lawyer Abhinav Chandrachud was agreeable to the suggestion, the bench said, “The petitioner can join as and when required.”
Maharashtra and Assam have accused Allahbadia and several others for outraging the modesty of women (section 79), promoting hatred (section 196), insulting religious beliefs (section 299), acts against public decency (section 299) among other provisions of the Bharatiya Nyaya Sanhita.
The bench also directed that a separate petition filed against stand-up comedian Samay Raina on his social media utterances allegedly mocking disabled persons be listed next Monday.
The petition, filed by Cure SMA Foundation of India, had moved an application in the Allahbadia case to flag the larger issue of free speech and whether Article 19(1)(a), which protects right to freedom of speech and expression, could be so broad that individuals can be permitted to make disparaging comments on persons with disability.
SMA, or Spinal Muscular Atrophy is a rare, degenerative, genetically inherited locomotor disability that affects children and adults. The organisation represented by senior advocate Aparajita Singh referred to video clips which it said, showed Raina mocking these patients and the exorbitant cost of drugs meant for treatment of the illness.
“This in turn deprecates the public mindset and often results in perpetuating lack of receptivity towards the seriousness of the illness, or the ensuing challenges in the resource management,” the application said.
Singh told the court that the petition has been filed but the same could not be listed as the organisation does not have the addresses of Raina who is sought to be made a party to the petition. The bench allowed the organisation to make private individuals a party through the local police. The bench directed the matter to be listed for hearing on May 5.
On April 21, the court while going through the application filed by SMA Cure remarked, “This is a very serious issue”.
