Supreme Court Orders Release Of Comedian Munawar Faruqui; Stays Madhya Pradesh HC Order And Production Warrant In Up Case

OVERVIEW

Ad-interim bail has been granted to comedian Munawar Faruqui by the Supreme Court. The Madhya Pradesh police had registered a case against him alleging that he had insulted religious sentiments.

The division bench of Justices Rohinton Fali Nariman and BR Gavai also stayed the production warrant of UP police against him in another case.

Madhya Pradesh government was presented with a notice by the Court in which was stated that the former had not followed law laid by the SC in the case of Arnesh vs. State of Bihar. Court also observed that procedure under Section 41A of CrPC was not complied with.

BACKGROUND OF THE CASE

The comedian was arrested by the Madhya Pradesh Police on the grounds that he had made demeaning comments against Hindu Gods in his stand-up show. Eklavya Singh Gaur, chief of Hindutva organization filed a complaint regarding same.

Sessions Court and Madhya Pradesh High Court had earlier rejected the bail plea.

The advocate of Faruiqui had stated that there was no video or material to prove the allegations made by the complainant. Justice Rohit Arya of MP High Court denied the bail plea and observed that there is no case made out for granting of bail.

Further the High Court also observed that it is duty of the State and every citizen to promote harmony and brotherhood under Article 51A (e) and (f) of the Constitution.

WHAT IS HAPPENING NOW? 

Notice on the special leave petition was also issued by the Bench in which the MP’s High Court order to deny bail to comedian was challenged.

The case of Arnesh Kumar which was referred by SC bench observes that in cases where detaining a person is not necessary under Section 41(1) of CrPC, police officer shall issue notice to accused to appear before him at designated place and time. In this case, it was also held that if the accused follow these instructions then he shall not be arrested.

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