New Delhi [India], February 5 In a relief to comedian Munawar Faruqui, the Supreme Court on Friday gave him interim bail who was arrested by the Madhya Pradesh police in a case relating to allegedly hurting religious sentiments.
A bench headed by Justice RF Nariman also issued notice to Madhya Pradesh Police on Faruqui's plea challenging the Madhya Pradesh High Court order declining him bail in the case. The also issued notices to the governments of Maharashtra, Uttar Pradesh, Delhi.
The Bench stayed the production warrant issued against Faruqui by a Allahabad court. During the hearing, the Bench noted that the arrest did not follow the procedure under section 41 CrPC (arrest without warrant). Faruqui's counsel Saurabh Kripal told the Bench that this is a case of victimisation.
The Bench noted that when they arrested Faruqui, the Madhya Pradesh flouted apex court's 2014 judgment said that the arrest should adhere to section 41 CrPC.
The plea filed by Faruqui also sought quashing of FIRs lodged against him and also to club all the FIRs registered in several states.
On January 28, Madhya Pradesh High Court had declined to grant him bail in a case for the alleged hurting of religious sentiments. Faruqui, a resident of Gujarat, is accused of passing "indecent" remarks about Hindu deities during a show.
Rejecting the bail plea, the High Court had said liberty of a person has to be "balanced" with his duties towards other citizens.
Faruqui has moved a writ petition before the top court seeking bail, quashing for FIRs, and clubbing them together and also filed an appeal against the High Court order.
He has made governments of Madhya Pradesh, Uttar Pradesh, Maharashtra and Delhi as parties in the case.
Faruqui and four others were arrested on January 1 following a complaint by Eklavya Singh Gaud, son of BJP MLA Malini Laxman Singh Gaud, that objectionable remarks about Hindu deities and Union Home Minister Amit Shah were passed during a comedy show at a cafe in Indore on New Year's Day. Later one more person was arrested.
Faruqui is in judicial remand and lodged in Indore Central Jail. A magistrate's court and a sessions court rejected his bail pleas, following which he moved the High Court.
An Allahabad court had also issued a production warrant against Faruqui in a case of the alleged derogatory depiction of Hindu deities by him on social media. An FIR was lodged against the comedian by an advocate in April last year accusing him of mocking and insulting Hindu deities in his viral video clips on social media.
( With inputs from ANI )
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