The Supreme Court on Friday granted interim bail to stand-up comic Munawar Faruqui, who was arrested on January 2 this year, after a complaint by a BJP leader’s son for allegedly hurting Hindu sentiments in a comedy show in Indore.
A two-judge bench of Justices Rohinton Fali Nariman and B.R. Gavai issued notice to the state of Madhya Pradesh and also stayed the production warrant issued by Uttar Pradesh Police. The stand-up comic had sought directions for the quashing of the criminal case registered against him.
During the hearing today, Senior Advocate Saurabh Kirpal for the petitioner submitted that this is a case of victimization.
The court asked if it is correct that the Arnesh Kumar judgment is not followed in the case? If that is not followed, then it is good enough. Following which, the Court issues notice on the petition.
The Senior Counsel also sought protection from the production warrant issued by Uttar Pradesh Police case. The Court also stayed the production warrant in UP Case.
“The learned counsel has pointed out to us that quite apart from the fact that the allegations made in the FIR are vague that the procedure contained in Section 41 Cr.P.C. as adumbrated by our Judgment in “Arnesh Kumar Vs. State of Bihar & Anr.”, reported in (2014) 8 SCC 273, has not been followed before arresting the petitioner. This being the case, we issue notice in both the petitions, and stay the Judgment of the High Court. The petitioner is released on ad-interim bail on conditions to the satisfaction of the trial court. In the meantime, there shall be stay of the production
warrants as well,” noted by the Apex Court in its Order.
Faruqui challenged the order of the Madhya Pradesh High Court, Indore bench, which it had dismissed his bail plea. On January 28, the Madhya Pradesh High Court had said it is a constitutional duty of every citizen to promote brotherhood and harmony while dismissing his bail plea.
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The complaint was filed against Faruqui and others by Eklavya Singh Gaur (36), the son of a local BJP MLA Malini Laxmansingh Gaur, for allegedly passing indecent remarks about Hindu deities and Union Home Minister Amit Shah during a show. Later, a local court had then sent them to judicial custody. Faruqui was booked under IPC Sections 295A (outraging religious feelings) and 269 (unlawful or negligent act likely to spread the infection of any disease dangerous to life) among other charges.
Read Order here;
Munawar-Faruqui