[BREAKING] Supreme Court grants ad-interim bail to comedian Munawar Faruqui [Read Order]

The Supreme Court on Friday granted ad-interim bail to comedian Munawar Faruqui in relation to the case registered against him by the Madhya Pradesh Police for allegedly insulting religious sentiments

. A bench of Justices Rohinton Fali Nariman and BR Gavai also stayed the production warrant of Uttar Pradesh Police against Faruqui in a separate case.

. The Court issued notice to the Madhya Pradesh government while observing that the law laid down by the Supreme Court in its 2014 judgment in Arnesh Kumar v. State of Bihar was not followed and procedure under Section 41 of Code of Criminal Procedure (CrPC) was not complied with.

. "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," the order said. . Faruqui was arrested on January 1 by the Madhya Pradesh Police on allegations that he made derogatory remarks against Hindu Gods during a recent stand-up show. A complaint to this effect was reportedly filed by Eklavya Singh Gaur, chief of Hindutva organisation Hind Rakshak Sangathan.

.[Breaking] Supreme Court to hear comedian Munawar Faruqui's bail plea tomorrow. Faruqui's bail plea was earlier rejected by a Sessions Court and thereafter the Madhya Pradesh High Court on January 28.

. Faruiqui's counsel has asserted in the High Court that there was no video or material to show that Faruqui has made any comment to hurt Hindu deities during his show as alleged. An objection was also raised to the Uttar Pradesh Police seeking Faruqui's custody in relation to comments allegedly made during another show in May 2020

. Justice Rohit Arya of Madhya Pradesh High Court had said in his order denying bail that, " regard being had to the material seized and the statements of the witnesses and that the investigation is in progress, no case is made out for grant of bail . "

. It stated that there is a Constitutional duty on every citizen and the State to promote harmony and the spirit of common brotherhood irrespective of religious, linguistic, sectional and regional diversities (under Article 51A(e) and (f) of the Constitution).

.[BREAKING] State must ensure society's coexistence is not polluted by "negative forces": Madhya Pradesh High Court denies bail to Munawar Faruqui. The State must endeavour to ensure that this " ecosystem and sustenance of coexistence in our welfare society is not polluted by negative forces, " the High Court had added.

.Assign Munawar Faruqui bail case to Bench other than Justice Rohit Arya's: Saket Gokhale writes to Madhya Pradesh High Court Chief Justice. The High Court had concluded that there is prima facie evidence to suggest that the applicants (Faruqui and the show organiser, Yadav) had intended to outrage religious feelings " under the garb of standup comedy ."

. [Read Supreme Court Order]

[BREAKING] Supreme Court grants ad-interim bail to comedian Munawar Faruqui [Read Order]

Debayan Roy

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