As Mumbai police swing into action following complaints; podcaster issues apology; the 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
Police outside the building that houses the India’s Got Latent studio in Khar on Monday. Pic/Sayyed Sameer Abedi
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 India’s Got Latent following a complaint submitted to the Mumbai police commissioner and the Maharashtra State Commission for Women.
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The 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. “A complaint has been filed against the show for using derogatory remarks against women. The motive is clear—they seek popularity by making such comments, earning money and portraying women in a bad light,” Rai told the press.
YouTuber and podcaster Ranveer Allahbadia (left) and comedian Samay Raina (right) on the sets of India’s Got Latent. Pic/X/@adigitalblogger
The 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. “An inquiry has been initiated,” said Dixit Gedam, DCP, Zone IX, Mumbai Police.
In 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, vice-president of BJP Maharashtra’s 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 Act.
Police personnel outside the building that houses the India’s Got Latent studio in Khar on Monday. Pic/Sayyed Sameer Abedi
Commenting on the matter, Chief Minister Devendra Fadnavis said, “I have been informed about it, though I haven’t 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 else’s 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 them.” After the controversy erupted on social media over the controversial episode, which dropped on Raina’s channel on February 8, and Allahbadia faced backlash for his remarks, he issued an apology on his X handle, stating, “I shouldn’t have said what I said on India’s Got Latent. I’m sorry.”
A still from the apology video released by Ranveer Allahbadia on X on Monday
In a video statement, he added, “My comment was not just inappropriate—it wasn’t even funny. Comedy is not my forte. I’m 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. I’m not going to provide any context, justification, or reasoning for what happened. I personally had a lapse in judgment, and it wasn’t cool on my part. The podcast was watched by people of all ages.”
Later in the day, Assam CM Himanta Biswa Sarma posted on X that the Guwahati police had booked the YouTubers and influencers “for promoting obscenity and engaging in sexually explicit and vulgar discussion”.
Feb 8
Day controversial episode was released
LawyerSpeak
Dr Sujay Kantawala, Bombay High Court lawyer
Bombay High Court lawyer Dr Sujay Kantawala commented on the controversy, stating, “It 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 law—though 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 Speakers’ Corner at Hyde Park [a traditional site for public speeches and debates since the mid-1800s].”
“Freedom of speech and expression, granted under Article 19(1)(a) 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 issue,” he added.
Articles 19(1) & 19(2)
According to Advocate Trivankumar Karnani, Article 19(1)(a) 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 19(2), which are as follows:
- Public order
- National security
- International relations
- Defamation
- Sovereignty and integrity of the state
- Contempt of court
- Incitement of offence
- Decency and morality
If 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 19(2).
