Interim bail to comedian Munawar Faruqui; SC notice to MP government

The Supreme Court on Friday granted interim bail to comedian Munawar Faruqui in a case of hurting religious sentiments, prima facie agreeing to his contention that arrest did not follow due procedure.

The court also issued a notice to the Madhya Pradesh government on his plea against the high court order which refused to release him.

A bench of Justices R F Nariman and B R Gavai stayed the production warrants issued against the petitioner in Uttar Pradesh.

The court also sought response from the Madhya Pradesh on his plea quashing of the case as his counsel senior advocate Vikram Chaudhri and advocate Saurabh Kripal said the allegations against him were vague. The counsel also said the arrest did not follow Section 41 of the Criminal Procedure Code and the Supreme Court's judgement in Arnesh Kumar versus State of Bihar (2014).

In the landmark ruling, the top court had then directed the accused in all cases relating to the offences—where the punishment was up to seven years imprisonment—should not be arrested casually and mechanically as arrest brings humiliation, curtails freedom and cast scars forever.

In his plea, Munawar challenged the January 28 order of the high court.
The high court had said no case for bail was made out in view of the material seized and the statements of the witnesses.

“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," the high court had said.

Munawar, a resident of Gujarat, was arrested on January 2 along with four others on the allegations that he made derogatory remarks against Hindu gods during a recent stand-up show in Indore.

The other arrested persons were identified as Edwin Anthony, Nalin Yadav, Prakhar Vyas and Priyam Vyas.

Munawar claimed that he came on an invitation from the organisers of the comedy show and was though present on the spot but did not utter anything as alleged.

The case was registered following a complaint from Eklavya Singh Gaud against the accused.