Breaking: SC grants ad interim bail to comedian Munawar Faruqui

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: