State Must Ensure That Society Is Not Polluted By 'Negative Forces': Madhya Pradesh High Court in Munawar Faruqui Case

In its order dismissing bail applications filed by by comedian Munawar Faruqui and co- accused Nalin Yadav, the Madhya Pradesh High Court observed that the State must ensure that the society is not polluted by 'negative forces'.

"Our country is a beautiful country and sets an example of coexistence amid diversities; be it religion, language, culture,  geographical locations etc, to the world at large. Mutual respect, faith and trust amongst all citizens of India are basic tenets of coexistence, in a welfare society governed by the principles of rule of law", Justice Rohit Arya remarked.

The Court, referring to Article 15A (e) and (f) of the Constitution of India, said that 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 Court added:

"States must endeavour that ecosystem and sustenance of coexistence in our welfare society is not polluted by negative forces and must strive for achievement of goals as enshrined under Article 51A(e) and (f) of the Constitution of India in particular as these provisions are part of our vibrant Constitution and not dead letters."

Faruqui, a resident of Gujarat, was arrested on January 2 along with four others for allegedly making indecent remarks against Hindu deities and against Union Home Minister Amit Shah during a show held at a cafe in 56 Dukan area of Indore on January 1. The complaint was filed against them by Eklavya Singh Gaur (36), son of local BJP legislator Malini Laxman Singh Gaur. The other arrested persons were identified as Edwin Anthony, Prakhar Vyas and Priyam Vyas. They were booked 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).

While dismissing the bail application, the court said that the evidence/material collected so far against the accused, suggest that in an organized public show under the garb of standup comedy at a public place on commercial lines, prima facie; scurrilous, disparaging utterances, outraging religious feelings of a class of citizens of India with deliberate intendment, were made by the applicants.