Breaking: Madhya Pradesh High Court Dismisses Bail Applications filed by Munawar Faruqui and Nalin Yadav -Read Order

The Madhya Pradesh High Court, Indore Bench on Thursday dismissed bail applications filed by comedian Munawar Faruqui and co- accused Nalin Yadav, who were arrested on January 2 for allegedly hurting religious sentiments during their comic show.

A single bench Justice Rohit Arya said that "no case is made out for grant of bail".

The judge noted in the order:

Furthermore, the court while dismissing the bail applications observed:

"There is also specific assertion by the learned counsel for the complainant that the applicant alongwith other coaccused persons allegedly making outraging filthy jokes in social media deliberately against Hindu Gods, Lord Shriram and Goddess Seeta hurting religious sentiments of Hindus for the last 18 months despite, protest on various social media platforms. There is nothing on record to the contrary."

The judgment also added a parting remark as follows :

"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. Moreso, the investigation is in progress. The possibility of collection of more incriminating material and complacency of other persons cannot also be ruled out. Further, it has come on record that similar nature of offence has been registered against the applicant at Police Station Georgetown, Prayagraj, State of Uttar Pradesh".

The bench has also observed that the complainant alleged that the applicant alongwith other co-accused persons made "outraging filthy jokes" in social media deliberately against Hindu Gods, Lord Shriram and Goddess Seeta hurting religious sentiments of Hindus for the last 18 months despite, protest on various social media platforms. 

"It is not a caseof no evidence. Moreso, the investigation is in progress. Thepossibility of collection of more incriminating material andcomplacency of other persons cannot also be ruled out. Further, ithas come on record that similar nature of offence has beenregistered against the applicant at Police Station Georgetown,Prayagraj, State of Uttar Pradesh", the order noted.

"Before parting with the case, it is considered apposite to observe that 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. 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 of India.

Justice Rohit Arya had reserved judgment on January 25 in their bail applications.

In the hearing on January 25, Justice Rohit Arya while hearing the counsels objecting on the bail applications, remarked that:

"Such people must not be spared. I will reserve the order on merits".

According to the intervenors, the comedian accused had allegedly made highly objectionable statements against Hindu Gods and deities.

In view of this, the single judge observed:

"But why you take undue advantage of other's religious sentiments and emotions. What is wrong with your mindset? How can you do this for the purpose of your business?"

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.

Police had booked five accused 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).

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