The Supreme Court granted bail on Monday to stand-up comic Munawar Faruqui, who was arrested in connection in a case registered against him by the Madhya Pradesh Police for allegedly insulting religious sentiments. 

The Bench of Justice B.R. Gavai and Justice Sanjay Karol, while clubbing all complaints against Faruqui, noted that taking into consideration the facts and circumstances, apart from its previous order, the Apex Court was inclined to transfer all complaints to Tukoganj Police Station in Indore.

The top court of the country said it had already granted ad interim protection to the accused, which it made absolute today.

The Bench further granted protection to the comic against the production of warrants by Delhi Police for three weeks. 

Faruqui moved the Apex Court, after the Sessions court and the Madhya Pradesh High Court denied him bail on the grounds that with regards to the material seized, the statements of the witnesses and that the investigation in progress, no case was made out for grant of bail.

On February 5, the Supreme Court granted bail to Faruqui, saying that the procedure of the notice before his arrest was not followed. The Single-Judge Bench of Justice RF Nariman had pointed out that the FIR against the comic was ‘vague’. 

The Bench had also issued notice to the Madhya Pradesh government on the grounds that it did not follow the 2014 verdict of the Apex Court delivered in the Arnesh Kumar vs State of Bihar case. Besides, the State failed to comply with the procedure laid down under Section 41 of Code of Criminal Procedure (CrPC).

The Madhya Pradesh police had lodged an FIR against Faruqui under Section 295A (deliberate and malicious act intended to outrage religious feelings of any class) of the Indian Penal Code (IPC), apart from other Sections.

He was charged with making indecent remarks against Hindu Gods and Goddesses, apart from Home Minister Amit Shah, during an event at a cafe in Indore on January 1, 2021.   

Munawar was arrested on January 2, along with four other people, on a complaint filed by one Aklavya Singh Gaud, convenor of local Hindu outfit Hind Rakshak and son of BJP Legislator Malini Gaur.

(Case title: Munawar vs State of Madhya Pradesh)

The Supreme Court on Friday adjourned for hearing after Holi, a petition filed by stand-up comedian Munawar Faruqui, seeking quashing of FIRs lodged against him in different states for allegedly hurting the sentiments of people, besides insulting Home Minister Amit Shah during a show at an Indore cafe on January 1 this year. 

The Bench of Justice B.R. Gavai and Justice Vikram Nath agreed to list the matter in the third week of March, after the lawyer appearing for Faruqui requested for the same.

During the proceedings, Justice Nath said in a lighter vein that the Supreme Court Bar Association (SCBA) should organise an event of the comedian. 

Justice Gavai seconded him and said with a smile that the Apex Court may consider quashing of FIRs, if Faruqui agreed to perform for the judges.

The Madhya Pradesh police had lodged an FIR against Faruqui under Section 295A (deliberate and malicious act intended to outrage religious feelings of any class) of the Indian Penal Code (IPC), apart from other Sections.

He was charged with making indecent remarks against Hindu Gods and Goddesses, apart from Home Minister Amit Shah, during an event at a cafe in Indore on January 1, 2021.   

Munawar was arrested on January 2, along with four other people, on a complaint filed by one Aklavya Singh Gaud, convenor of local Hindu outfit Hind Rakshak and son of BJP Legislator Malini Gaur.

The complaint alleged that Munawar had hurt the religious feelings of Hindus through his ‘outrageously’ filthy jokes cracked deliberately against Hindu gods and Goddess, apart from Home Minister Amit Shah.

Comic Munawar Faruqui was released from Indore prison on Thursday night following ad-interim bail by the Supreme court a day earlier. He was arrested with five others for hurting religious sentiments on January 2.

Earlier on Saturday, the Indore jail authorities said they are yet to receive any orders from the Supreme Court regarding the comedian’s release. They added that Faruqui’s bail was in connection with the case lodged against him in the Madhya Pradesh case and that he he was yet to get relief in the case lodged against him in Uttar Pradesh’s Prayagraj. However, he was released later in the day following a call from a judge of the Supreme Court.

Upon his release, Faruqui said he has complete faith in the judiciary and laws and hopes he will get justice. He said he does not want to say anything more right now.

Faruqui was arrested in January following a complaint by the son of a BJP MLA. The complainant had said that Faruqui made objectionable comments against Home Minister Amit Shah and Hindu deities during an event in Indore on New Year’s day. A case was filed against him in Pragayraj as well on similar charges.

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Faruqui was granted bail by the apex court on Friday. SC also issued a notice to the Mdhya Pradesh government and put on hold a warrant against him in Uttar Pradesh. He was denied bail thrice earlier with the last appeal being rejected by the Madhya Pradesh high court on January 28.

The Supreme Court on Friday granted interim bail to stand-up comic Munawar Faruqui, who was arrested on January 2 this year, after a complaint by a BJP leader’s son for allegedly hurting Hindu sentiments in a comedy show in Indore. 

A two-judge bench of Justices Rohinton Fali Nariman and B.R. Gavai issued notice to the state of Madhya Pradesh and also stayed the production warrant issued by Uttar Pradesh Police. The stand-up comic had sought directions for the quashing of the criminal case registered against him. 

During the hearing today, Senior Advocate Saurabh Kirpal for the petitioner submitted that this is a case of victimization.

The court asked if it is correct that the Arnesh Kumar judgment is not followed in the case? If that is not followed, then it is good enough. Following which, the Court issues notice on the petition. 

The Senior Counsel also sought protection from the production warrant issued by Uttar Pradesh Police case. The Court also stayed the production warrant in UP Case.

“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,” noted by the Apex Court in its Order.

Faruqui challenged the order of the Madhya Pradesh High Court, Indore bench, which it had dismissed his bail plea. On January 28, the Madhya Pradesh High Court had said it is a constitutional duty of every citizen to promote brotherhood and harmony while dismissing his bail plea. 

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The complaint was filed against Faruqui and others by Eklavya Singh Gaur (36), the son of a local BJP MLA Malini Laxmansingh Gaur, for allegedly passing indecent remarks about Hindu deities and Union Home Minister Amit Shah during a show. Later, 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.

Read Order here;

The Madhya Pradesh High Court on Thursday rejected the bail plea of stand-up comedian Munawar Faruqui and Indore resident Nalin Yadav, who were arrested on January 2 following complaints by a BJP leader’s son for allegedly hurting Hindu sentiments in a comedy show in Indore. Dismissing Faruqui’s bail, the Court said it is a constitutional duty of every citizen to promote brotherhood and harmony.

The complaint was filed against Faruqui and others by Eklavya Singh Gaur (36), son of a local BJP MLA Malini Laxman Singh Gaur, for allegedly passing indecent remarks about Hindu deities and Union Home Minister Amit Shah during a show. Later, 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.

The MP High Court had adjourned the hearing on Thursday after the police had failed to produce the case diary. The bail pleas of Faruqui and four other arrested stand-up comedians arrested in this case have already been rejected by lower courts.

The Indore bench of the court said the evidence/material collected so far suggest that the collected evidences shows that outraging religious feelings of a class of the citizens of India with deliberate intent were made by the applicants. Dismissing the bail applications, the court observed that the applicant along with other co-accused allegedly made outraging filthy jokes on social media against Hindu gods, Lord Shri Ram and Sita for the last 18 months.

On Monday, the court had reserved its order on Faruqui’s bail plea and then asked his lawyer Vivek Tankha if he wanted to withdraw the bail application but Tankha has submitted that bail should be granted. A lawyer alleged that Faruqui made other objectionable statements against Lord Ram and Sita.

Following this, Justice Rohit Arya had said such people must not be spared. However, Faruqui’s advocate Vivek Tankha along with Anshuman Shrivastav argued that the comedian has not uttered a word at the event for which he can be punished. Faruqui’s bail plea was rejected on January 5 by a sessions court while his judicial custody was extended by another two weeks on January 13.

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Activist Saket Gokhale had also written to the Chief Justice of the Madhya Pradesh High Court to transfer the bail plea to another bench in the interests of justice and fairness. Gokhale’s letter raises various concerns over certain remarks by Justice Arya during Monday’s hearing carrying a presumption of guilt on the part of the accused even before trial began.

Activist Saket Gokhale has written to the Chief Justice of Madhya Pradesh High Court urging that bail applications moved by stand-up comic Munawar Faruqui and three others accused of insulting Hindu deities should be heard by a Bench other than Justice Rohit Arya in the interest of justice and fairness.

Gokhale’s letter raises various concerns over certain oral remarks reportedly made by Justice Arya during Monday’s hearing carrying a presumption of guilt on the part of the accused even before a trial has begun. The letter also said Justice Arya has not given an impression of fairness or impartiality on the part of the Bench.

In his letter, Gokhale alleged that the bench did not cite any reasons as to why it was disinclined to entertain the bail application. “In the event that the bench believes it might not be able to adjudicate fairly in the matter for whatever reasons, the Hon’ble Justice should’ve recused himself from hearing the bail applications,” Gokhale said. He said there is a valid impression created among the general public that the accused are not getting a fair non-prejudiced hearing in their bail application.

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Apart from these statements indicating a presumption already made against the accused, Gokhale submitted that Justice Arya ought to have recused from hearing the matter if he felt that he would not be able to adjudicate fairly in the matter for whatever reasons.

Gokhale also highlighted that a Station House Officer had earlier told a media outlet on January 4 that there was nothing incriminating found in the video footage submitted by the complainant against the accused. Further, it pointed out that the police had failed to produce their case diary in an earlier bail hearing before the High Court and also submitted that they had no documentary evidence to back the alleged charges of hurting religious sentiments.

The repeated submissions of the Police about the lack of prima facie evidence supporting the charges against the accused, coupled with their rush to arrest them based on a complaint by a politically inclined complainant, ‘raises questions on whether the Indore Police is acting under political pressure’, the letter claims.

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Faruqui was arrested on allegations that he made derogatory remarks against Hindu deities during a recent stand-up show. A complaint to this effect was reportedly filed by Eklavya Singh Gaur, chief of Hindu Rakshak, local right wing Hindu outfit. Working on the application filed by Gaur, the Indore bench of Madhya Pradesh High Court on Monday reserved orders on the bail application moved by the accused.

The hearing on the bail plea of ​​comedian Munawar Faruqui in the case of alleged objectionable remarks on Hindu deities was adjourned by the Madhya Pradesh High Court on January 15 after the police failed to produce the case diary.  

Indore police said that along with Farooqui, six other youths have been lodged in the Central Jail under judicial custody  after their arrest on the complaint of the son of a local MLA of the ruling BJP in the state. The police have so far not found any evidence on the charges leveled against him.

The arguments were to be presented before Justice Rohit Arya of the High Court‘s Indore bench on the bail plea of ​​the young comedian.  But in the absence of a case diary, the hearing was extended. 

Among the six others jailed along with Munawwar Farooqui are brother of a show organizer who was among the audience.  The other person is Farooqui’s friend and another person who is the younger brother of the family.

Farooqui was arrested on  January 2 in Indore for hurting religious sentiments.  Four more people named Nalin Yadav, Prakhar Vyas, Priyam Vyas and Edwin Anthony were arrested along with him.  The police took this step after a complaint by Eklavya Gaur, son of BJP MLA Malini Gaur.  A day later, the police also arrested Sadakat Khan, a friend who came to meet Farooqui in court.

They were charged under Section 295A (deliberately intending to outrage religious feelings), Section 298 (deliberately intending to wound religious feelings, Section 269 (negligent act likely to cause or spread disease) and Section 188 disobedience to order duly promulgated by public servant) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.

Farooqui’s lawyer Anshuman Srivastava said that senior advocate and Rajya Sabha member Vivek Tankha was about to plead in the High Court  through a video conferencing on behalf of the comedian being released on bail.  Questioning the functioning of the police, Shrivastava said,

“Tukoganj police station is a few steps away from the High Court premises.  It is very unfortunate that the case diary was not immediately provided by the police at the time of hearing Farooqui’s bail plea. “

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In the last 15 days, the bail applications of Farooqui, have been dismissed by Chief Judicial Magistrate and a Sessions Judge after hearing the arguments of both the parties. The petition will now be heard on 25 January.

A Sessions Court in Madhya Pradesh’s Indore rejected bail to stand-up comedian Munawar Faruqui and another accused of making “indecent” remarks against Hindu deities during a show held in the city. Additional District and Sessions Court judge Yatindra Kumar Guru rejected the bail plea of Faruqui and Nalin Yadav.

Faruqui was arrested on Saturday along with four others for allegedly making indecent remarks against Hindu deities and Union Home Minister Amit Shah during a show held at a cafe in Indore’s 56 Dukan area on January 1.

The complaint was filed against them by Eklavya Singh Gaur, the son of local BJP legislator Malini Laxman Singh Gaur. Anshuman Shrivastava, the Advocate for Accused, said the allegations levelled against his clients are “vague” in nature. He said the duo was booked under political pressure.

He said Faruqui and Yadav are actors and didn’t make any comment that hurt the religious feelings of any person.

Prosecution advocate Vimal Mishra said both the accused had participated in the event for which no permission was taken from local administration amidst the pandemic. Mishra said indecent remarks were made against Hindu deities at the event, which he claimed was “full of obscenity despite the presence of minor boys and girls among the audience”.

Faruqui, Nalin Yadav, Edvin Anthony, Prakhar Vyas, and Priyam Vyas were arrested after a Hindu group created ruckus during the event, alleging they had made insulting remarks against Hindu gods and Amit Shah. They were later sent to judicial custody until January 13.

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Police had booked five accused under Sections 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), Section 269 (unlawful or negligent act likely to spread the infection of any disease dangerous to life) and other provisions of the Indian Penal Code (IPC).