Skip to main content
Sabrang
Sabrang
Freedom Rule of Law

Breaking: SC grants ad interim bail to comedian Munawar Faruqui

The top court also stayed the production warrant issued against him in a separate case by the UP Police

Sabrangindia 05 Feb 2021

Image Courtesy:barandbench.com

A Bench of Justices Rohinton Fali Nariman and BR Gavai granted ad interim bail to Munawar Faruqui in connection with an FIR registered against him by the Madhya Pradesh Police for allegedly hurting religious sentiments.

The top court has also stayed the production warrant issued against him by the Uttar Pradesh Police in a separate case, reported Bar & Bench. Further, the Division Bench issued a notice to the Madhya Pradesh Government, while observing that neither the precedent laid down in the 2014 Supreme Court judgment (Arnesh Kumar vs State of Bihar) was followed, nor the procedure under section 41 of the Code of Criminal Procedure was complied with.

Arnesh Kumar had laid down certain guidelines for the Police to follow before making an arrest, whereas section 41 provides for the exceptions when an officer can arrest an alleged accused without a warrant.

The comedian was arrested on January 1, 2021 for allegedly making derogatory remarks against Hindu Gods during his show in Indore, based on a complaint filed by Eklavya Singh Gaur, chief of Hindutva organisation Hind Rakshak Sangathan.

On January 5, his bail plea was rejected by the Sessions Court. In an appeal to the High Court, Justice Rohit Arya of the Madhya Pradesh High Court refused to grant him bail observing that, “Such people must not be spared”.

By his order dated January 28, 2021, the court observed, “This Court refrains from commenting upon contentions of the parties touching on merits but, 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.”

Justice Arya had noted that the investigation was underway and, “The possibility of collection of more incriminating material and complacency of other persons cannot also be ruled out.”

The order may be read here: 

Related:

BREAKING: Madhya Pradesh HC rejects comedian Munawar Faruqui’s bail plea
Such people must not be spared: MP HC on Munawar Faruqui’s bail plea
Sessions court denies bail to stand-up comic held for 'insulting' Hindu deities

Breaking: SC grants ad interim bail to comedian Munawar Faruqui

The top court also stayed the production warrant issued against him in a separate case by the UP Police

Image Courtesy:barandbench.com

A Bench of Justices Rohinton Fali Nariman and BR Gavai granted ad interim bail to Munawar Faruqui in connection with an FIR registered against him by the Madhya Pradesh Police for allegedly hurting religious sentiments.

The top court has also stayed the production warrant issued against him by the Uttar Pradesh Police in a separate case, reported Bar & Bench. Further, the Division Bench issued a notice to the Madhya Pradesh Government, while observing that neither the precedent laid down in the 2014 Supreme Court judgment (Arnesh Kumar vs State of Bihar) was followed, nor the procedure under section 41 of the Code of Criminal Procedure was complied with.

Arnesh Kumar had laid down certain guidelines for the Police to follow before making an arrest, whereas section 41 provides for the exceptions when an officer can arrest an alleged accused without a warrant.

The comedian was arrested on January 1, 2021 for allegedly making derogatory remarks against Hindu Gods during his show in Indore, based on a complaint filed by Eklavya Singh Gaur, chief of Hindutva organisation Hind Rakshak Sangathan.

On January 5, his bail plea was rejected by the Sessions Court. In an appeal to the High Court, Justice Rohit Arya of the Madhya Pradesh High Court refused to grant him bail observing that, “Such people must not be spared”.

By his order dated January 28, 2021, the court observed, “This Court refrains from commenting upon contentions of the parties touching on merits but, 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.”

Justice Arya had noted that the investigation was underway and, “The possibility of collection of more incriminating material and complacency of other persons cannot also be ruled out.”

The order may be read here: 

Related:

BREAKING: Madhya Pradesh HC rejects comedian Munawar Faruqui’s bail plea
Such people must not be spared: MP HC on Munawar Faruqui’s bail plea
Sessions court denies bail to stand-up comic held for 'insulting' Hindu deities

Related Articles

Communalism

Saffron Bigotry threatens Muslim existence in India

Brazen mobilizations by hate driven outfits, unchecked by law enforcement and the state have generated fear in the Muslim community, a fear that has turned inwards into more restrictions for Muslim women

Communalism

Saffron Bigotry threatens Muslim existence in India

Brazen mobilizations by hate driven outfits, unchecked by law enforcement and the state have generated fear in the Muslim community, a fear that has turned inwards into more restrictions for Muslim women


Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Videos

Communalism

Bastar violence: Anti-Christian Campaign causes breach in Adivasi unity

Hundreds of Adivasi church-goers across villages in Narayanpur and Bastar, Chhattisgarh have been experiencing boycott, intimidation and violence since December last year, forcing them to leave their homes and live in refugee camps. Reportedly, Adivasi districts across Madhya Pradesh and Chattisgarh is seeing a rise Hindutva mobilisation against Christians .

Communalism

Bastar violence: Anti-Christian Campaign causes breach in Adivasi unity

Hundreds of Adivasi church-goers across villages in Narayanpur and Bastar, Chhattisgarh have been experiencing boycott, intimidation and violence since December last year, forcing them to leave their homes and live in refugee camps. Reportedly, Adivasi districts across Madhya Pradesh and Chattisgarh is seeing a rise Hindutva mobilisation against Christians .

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives