No Release For Comedian Munawar Faruqui Yet As Indore Jail Authorities Seek Clarity On UP Production Warrants

Update at 12.42 AM, Feb 7 : In a late night development, Munawar Faruqui was released from Indore jail after midnight.

Comedian Munawar Faruqui, who was granted ad-interim bail by the Supreme Court yesterday, was not released from Indore Jail on Saturday as jail authorities insisted that there should be more clarity on the pending warrants in the cases registered by Uttar Pradesh Police, his lawyer Anshuman Srivastav said.

On February 5, a bench headed by Justice RF Nariman had stayed the Madhya Pradesh High Court order which refused him bail in a case for alleged hurting of religious sentiments, and had ordered his release on ad-interim bail. The top court had also stayed the production warrants against him, on the basis of the submission made by Senior Advocate Saurabh Kirpal that such warrants have been issued on the basis of cases registered by UP Police for alleged hurting of religious sentiments.

Faruqui's lawyers produced the order of the apex court in the Indore court, which directed that comedian be released on a bond of Rs 50,000 and the similar amount of security.

Despite that, the comedian, who has been in custody since January 2, was not released.

Asked why Faruqui was not released from the jail, an officer of the Indore Central Jail said a court in Prayagraj had ordered Faruqui''s production in a similar case on February 18, reported the PTI.

Citing the jail manual, he said an order from the Prayagraj court or a competent government officer is needed to release Faruqui. The officer said Faruqui will be taken to Prayagraj on Sunday morning if they don''t get the requisite order. Before that, a COVID-19 test will be conducted on him, he added.

Meanwhile, Faruqui''s cousin Zaid Pathan said they are disappointed with the stand of the jail administration.

"Our belief in judiciary was strengthened after the Supreme Court order," he said.

The Supreme Court passed the order after noting the submission of Faruqui's counsel that the allegations against him were vague and that the arrest was carried out flouting the directions of the apex court in the Arnesh Kumar judgment.

"The learned counsel has pointed out to us that quite apart from the fact that the allegations made in the FIR are vague that the procedure contained in Section 41 Cr.P.C. as adumbrated by our Judgment in "Arnesh Kumar Vs. State of Bihar & Anr.", reported in (2014) 8 SCC 273, has not been followed before arresting the petitioner. This being the case, we issue notice in both the petitions, and stay the Judgment of the High Court. The petitioner is released on ad-interim bail on conditions to the satisfaction of the trial court. In the meantime, there shall be stay of the production warrants as well", the order said.

During the hearing, Justice Nariman asked Senior Adv Saurabh Kirpal (appearing for Faruqui) if the principles laid down in the case of Arnesh Kumar v. Stat of Bihar were followed.

(With PTI inputs)