The Madhya Pradesh High Court on Thursday rejected the bail request of stand-up comedian Munawar Faruqui and Indore resident Nalin Yadav, who were arrested on January 1 following complaints by a BJP MLA son for allegedly hurting Hindu sentiments in a comedy show in Indore on January 1. 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 leader 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 intendment were made by the applicants. Dismissing the bail applications, the court observed that the applicant along with other co-accused allegedly making outraging filthy jokes in social media against Hindu Gods, Lord Shri Ram and Goddess Seeta for the last 18 months despite. But, there is nothing on record to the contrary.
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, Munawar’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. Munawar’s bail plea was rejected on January 5 by a session court while his judicial custody was extended by another two weeks on January 13.
Activist Saket Gokhale had also written to the Chief Justice of Madhya Pradesh High Court to move to another bench for justice and fairness in the case. 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.
The post Madhya Pradesh HC rejects Munawar Faruqui’s bail plea appeared first on India Legal.
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