During the hearing, the court said that the evidence collected so far suggests that during the show, outraging religious feelings of a class of citizens of India with deliberate intendment were made by the applicants.
The Madhya Pradesh High Court Thursday rejected the bail application of comedian Munawar Faruqui and Indore resident Nalin Yadav, who were arrested on January 1 following complaints of allegedly hurting Hindu religious sentiments during a comedy show in Indore on January 1.
During the hearing, the Indore bench of the court said the evidence collected till now shows that during the show, outraging religious feelings of a class of citizens of India with deliberate intendment were made by the applicants. “The evidence/material collected so far, 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.”
Dismissing the bail applications, the high court observed: “There is also a 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.”
On Monday, the court had reserved its order on Faruqui’s bail plea. During the hearing, Justice Rohit Arya had asked Faruqui, “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 business?”
The bench then asked Faruqui’s lawyer Vivek Tankha if he wanted to withdraw the bail application. “He has committed no offence in the matter your lordships. Bail should be granted,” Tankha submitted.
A lawyer alleged that Faruqui made other objectionable statements against Lord Ram and Sita. Following this, Justice Rohit Arya said, “Such people must not be spared. I will reserve the order on merits”.
However, Munawar’s advocate Vivek Tankha along with Anshuman Shrivastav argued that the comedian has not uttered a word at the event for which he can be punished. “We argued before the court that since Munawar has not said anything against anyone as far as the present FIR is concerned, then his right guaranteed under Article 21 and 19 should be protected. But the police have registered the case without any justifiable ground,” Shrivastav told The Indian Express.
Munawar’s bail plea was rejected on January 5 by a sessions court while Munawar’s judicial custody was extended by another two weeks on January 13.
Faruqui and four others were arrested last month after the son of a BJP MLA filed a complaint accusing Faruqui of passing indecent remarks about Hindu deities and Union Home Minister Amit Shah during a show. A local court had then sent them to judicial custody.
Faruqui was booked under IPC Sections 295A (outraging religious feelings) and 269 (unlawful or negligent act likely to spread the infection of any disease dangerous to life) among other charges.
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