Comedian Munawar Faruqui granted interim bail by SC

The Supreme Court has also stayed the warrant issued by Uttar Pradesh police asking Munawar to appear before him in a similar case filed against him.
Comedian Munawar Faruqui wearing a navy blue shirt and holding a mic
Comedian Munawar Faruqui wearing a navy blue shirt and holding a mic
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Comedian Munawar Faruqui was on Friday granted interim bail by the Supreme Court. The apex court also stayed the warrant issued by the Uttar Pradesh Police asking him to appear before them in a similar case that was filed against the comedian in the neighbouring state. A bench comprising Justices Rohinton Fali Nariman and BR Gavai on Friday also granted Munawar interim protection from arrest and issued a notice to the Madhya Pradesh government on Faruqui's application that previous guidelines set by the Supreme Court were not followed when he was arrested.

Police had arrested Faruqui and four others on January 1 following a complaint by a BJP MLA's son that "objectionable remarks" were made by him and others about Hindu deities during a comedy show. He had moved the Madhya Pradesh High Court seeking bail, but the Madhya Pradesh High Court on January 28 refused to grant him bail in a case where he allegedly hurt religious sentiments. Faruqui then moved the Supreme Court.

The MP High Court had observed that after taking into consideration the material seized and the statements of the witnesses along with the on-going investigation in the matter, no case is made out for grant of bail.

"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 (Article 15A (e) and (f) of the Constitution", it had said.

Faruqui, 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 stand-up show. The other arrested persons were identified as Edwin Anthony, Nalin Yadav, Prakhar Vyas and Priyam Vyas. However, the police had admitted that there was no video evidence of Munawar cracking any jokes or making any derogatory statements.

But the high court had noted that there is possibility of collection of more incriminating material and complacency of other persons cannot also be ruled out.

Faruqui's counsel submitted before the high court that he came on an invitation from the organisers of the comedy show and was though present on the spot at the show, did not utter anything as alleged. The high court, however, said: "In the light of the statements of the complainant and the witnesses referred above, the seized articles, viz., video footage of the show and the seizure memos detailed above, 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."

The case was registered following a complaint from Eklavya Singh Gaud against the accused. Gaud alleged that the comedians were cutting filthy and indecent jokes deliberately against Hindu gods and goddesses and former BJP President, Amit Shah. As a result, the comedians hurt and outraged his religious sentiments.

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