Anushka Mansharamani
The Madhya Pradesh High Court rejected the bail plea filed by Stand-up comic Munawar Faruqui.
Munawar Faruqui was accused of hurting the religious sentiments and insulting Hindu Gods.
The order was passed by Justice Rohit Arya and he stated that, “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 Rohit Arya emphasized on the constitutional duty on every citizen and Article 51A(e) and (f) of the Constitution of India.
The court stated that the state must ensure that the, “ecosystem and sustenance of coexistence in our welfare society is not polluted by negative forces.”
The court passed the order stating that there is prima facie evidence that implicates that Munawar Faruqui and the show organizer Nalin Yadav indicating that there was an intent to outrage religious feelings “under the garb of standup comedy.”
The bail plea was rejected as the court observed that there were no statements passed and the court stated, “At this stage it is difficult to countenance to 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.”
Although the investigation is still in process the court dismissed the bail application and observed that there could be a possibility of more incriminating material being found against others.
Munawar Faruqui was arrested by the Madhya Pradesh Police on 1st January and thereby applied for bail on 2nd January before the court of session.
The sessions court rejected the bail application on the grounds that the case was serious and that there was no basis for bail.
Following the rejection, Munawar Faruqui was sent to judicial custody till 13th January and they then approached the Madhya Pradesh High Court challenging the order passed by the sessions court.
He was alleged of passing derogatory comments against Hindu Gods during a stand-up show.
A complaint was filed against the comments by Eklavya Singh Gaur, chief of Hindutva organisation Hind Rakshak Sangathan.