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Justice Rohit Arya of Madhya Pradesh High Court has dismissed the bail pleas of comedian Munawar Faruqui and his co performer Nalin Yadav. Justice Arya had reserved orders on their bail applications after noting that people who take undue advantage of others’ religious sentiments and emotions 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 said that, “The evidence/material collected so far, suggest that in an organized public show under the garb of stand-up 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 applicant.”
He highlighted that, “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.”
Emphasising on the role of the State, he said, “States must endeavour that ecosystem and sustenance of coexistence in our welfare society is not polluted by negative forces and must strive for achievement of goals as enshrined under Article 51A(e) and (f) of the Constitution of India in particular as these provisions are part of our vibrant Constitution and not dead letters.”
The High Court further rejected the contention of Faruqui that he had not uttered any statements as alleged in the criminal complaint. Considering the video footage of the show and witness statements, Justice Rohit Arya opined, “At this stage it is difficult to countenance 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. More so, the investigation is in progress.”
The judge went a step ahead and remarked, “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 a similar nature of offence has been registered against the applicant at Police Station Georgetown, Prayagraj, State of Uttar Pradesh.”
Munawar Faruqui and five others were arrested on January 1, 2021 by the Indore Police on allegations that he made derogatory remarks against Hindu Gods during a recent stand-up show. Subsequently, a complaint was filed by Eklavya Singh Gaur, chief of Hindutva organisation Hind Rakshak Sangathan. On January 5, the Sessions court had dismissed his bail application.
The order may be read here:
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