Madhya Pradesh HC rejects comedian Munawar Faruqui's bail plea
28 Jan 2021 15:29:20
Indore, Jan 28: The Madhya Pradesh High Court dismissed the bail application of comedian Munawar Faruqui and Indore resident Nalin Yadav on Thursday. They were arrested on January 1 following complaints of allegedly hurting Hindu religious sentiments during a comedy show in Indore on January 1.
A single bench Justice Rohit Arya said that "no case is made out for grant of bail". The Court said that it was not commenting on the merits of the case as the investigation was in progress. However, the materials collected so far suggested prima facie commission of the offense.
The Indore bench of the court observed the evidence collected till now shows that “outraging religious feelings of a class of citizens of India with deliberate intendment” were made by the applicants. The judge noted in the order: "The evidence/material collected so far, suggest that in an organized public show under the garb of standup comedy at a public place on commercial lines, prima facie; scurrilous, disparaging utterances, outraging religious feelings of a class of citizens of India with deliberate intendment, were made by the applicants."
Furthermore, the court while dismissing the bail applications observed: "There is also specific assertion by the learned counsel for the complainant that the applicant alongwith other coaccused persons allegedly making outraging filthy jokes in social media deliberately against Hindu Gods, Lord Shriram and Goddess Seeta hurting religious sentiments of Hindus for the last 18 months despite, protest on various social media platforms. There is nothing on record to the contrary."
The judgment also added a parting remark as follows: "In the light of the statements of the complainant and the witnesses referred above, the seized articles, viz., video footage of the show and the seizure memos detailed above, at this stage it is difficult to countenance to the submissions of the learned counsel for the applicant as complacency of the applicant cannot be ruled out, besides vulnerability of his acts in public domain.It is not a case of no evidence. Moreso, the investigation is in progress. The possibility of collection of more incriminating material and complacency of other persons cannot also be ruled out. Further, it has come on record that similar nature of offence has been registered against the applicant at Police Station Georgetown, Prayagraj, State of Uttar Pradesh".
"It is not a case of no evidence. More so, the investigation is in progress. Thepossibility of collection of more incriminating material andcomplacency of other persons cannot also be ruled out. Further, ithas come on record that similar nature of offence has beenregistered against the applicant at Police Station Georgetown,Prayagraj, State of Uttar Pradesh", the order noted.
"Before parting with the case, it is considered apposite to observe that our country is a beautiful country and sets an example of coexistence amid diversities; be it religion, language, culture, geographical locations etc, to the world at large. Mutual respect, faith and trust amongst all citizens of India are basic tenets of coexistence, in a welfare society governed by the principles of rule of law. It is the constitutional duty of every citizen of the country and also of the States to promote harmony and the spirit of common brotherhood amongst all the people of India irrespective of religious, linguistic, regional or sectional diversities and to value and preserve the rich heritage of our composite culture (Article 15A (e) and (f) of the Constitution of India.
Faruqui and four others were arrested last month after the son of a BJP MLA filed a complaint accusing Faruqui of passing indecent remarks about Hindu deities and Union Home Minister Amit Shah during a show. 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.