NEW DELHI: The Supreme Court on Tuesday granted protection from arrest to Youtuber Ranveer Allahabadia, but not before mincing its words for him and his "henchmen" for showing "dirty mind" and "perverted" mindset by their remarks in a show.
While wondering "if this is not obscenity in this country, then what it is", the apex court went on to stay his arrest subject to him joining the investigation.
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Taking up his plea for clubbing multiple FIRs and stay on arrest, a bench of Justices Surya Kant and N Kotiswar Singh said, "There has to be some responsibility. Such behavior must be condemned..., it is not a question of an individual's morality. He is insulting parents. There is something dirty in this person's mind that has been spread through this programme."
The court told advocate Abhinav Chandrachud, appearing for the Youtuber that he should be ashamed as to what he has done to his parents.
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"We are not in Ivory Tower, we know how he copied Australian show content, but there are warnings in such shows," the bench said.
The FIRs were lodged in Assam and Maharashtra for comments during a show 'India's Got Latent', following a massive outrage.
His counsel sought interim protection and clubbing of the FIRs registered against him across multiple states.
He said the petitioner has received death threats.
The court, however, asked him if he was defending the kind of statements made.
"Is there anyone on earth who will like this language? Why the courts should favour him," the bench asked the counsel, who said he himself was disgusted. "But whether it rises to the level of criminal offense is another question," he asked.
On this, the bench sought to know what are the parameters of obscenity or vulgarity.
"If this is not obscenity in this country, then what it is. See the language you are using, You have got license to speak all kind of things," the bench asked.
The court noted there are only two FIRs as on date. The counsel, however, said there are complaints all over the country and the second FIR constituted an abuse of process.
The bench asked the counsel to show that contents of both FIRs are the same. It pointed out, there are different specific allegations.
"Somebody thinks that because I have become so and so popular, I can speak any kind of words and take entire society for granted, you tell us anyone in the world who would like such words," the bench asked the counsel.
The counsel said one of the co-accused has been threatened with acid attack. In Nupur Sharma's case, there were threats and the remarks were worse. The moment there is second FIR, it constituted abuse of process, he contended.
"If you can seek cheap publicity by using abusive language, this person extending threat is also seeking publicity," the bench said.
"The words you have chosen, parents will be ashamed, sisters will be ashamed. Entire society will feel ashamed. The pervert mind. The perversion you and your henchmen have exhibited! We have judicial system, bound by rule of law. If there are threats, law will take course. It is not people's court. People can't hold someone guilty. We are not supporting this," the bench said.
The court said it was sure the State would provide necessary protection if they were calling you.
"What embarrassment he has caused to parents! We know from where he has copied the question. There are certain societies where they warn who are not supposed to watch the programme, they maintain precautions," the bench said.
The counsel said some subscriber made a copy of 10-second clip out of a 45-minute show.
"It was meant for adults only, please see petitioner's mother is a doctor, people are posing as patients, going to her and abusing," the counsel.
In the end, the court issued notice on the petitioner's plea and stayed his arrest in the FIRs filed in Maharashtra and Assam, subject to hin joining the investigation. The court also clarified, he would not be accompanied by counsel inside police station.
