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Wednesday, 27 January 2021

Munawar Faruqui case: Madhya Pradesh HC's Indore bench to deliver judgment on bail plea today

The Indore bench of the Madhya Pradesh High Court is slated to deliver its judgment tomorrow on the bail application of stand-up comedian Munawar Faruqui, according to several media reports.

The 32-year-old comedian is in judicial custody and lodged at Indore Central Jail since he was arrested on 1 January for allegedly making objectionable comments against Hindu deities at a comedy show in Madhya Pradesh.

According to LiveLaw.in, the court will also hear the bail application of Nalin Yadav, who was also arrested in the same case.

According to a report in The Quint, a bench of Justice Rohit Arya had reserved his order on Monday on the bail application after hearing the arguments of both the petitioner and prosecution for around 30 minutes via video conferencing.

The court had also asked the prosecution and two local advocates opposing Faruqui's bail to furnish documents relating to the case.

Faruqui was arrested by the police following a complaint against him filed by Eklavya Singh Gaud (36), son of local BJP MLA Malini Laxman Singh Gaud.

Senior advocate Vivek Tankha, appearing for Faruqui, contested the charge against his client under Section 295A (outraging religious feelings) of the IPC. He argued that the comedian, a resident of Junagadh in Gujarat, had not spoken any word that would hurt anybody's religious feeling during the show on 1 January at a cafe in the city.

However, the complainant created a furore on the dais and got the function stopped mid-way, said Tankha. Government advocate Amit Singh Sisodia opposed Faruqui's bail plea.

Local advocates Rajesh Joshi and Manish Gupta, too, opposed bail to the comedian, contending he has hurt the religious sentiments of Hindus. They argued that the comedian, during his shows in the past as well, had made objectionable comments against Hindu gods and goddesses and such remarks of his have come to light on online platforms.

The comedian moved the high court after the lower courts turned down his bail pleas. Besides Faruqui, four other persons associated with organising the show were booked under IPC section 295A (outraging religious feelings) and other counts.

According to the complainant, indecent statements were made at the show against Hindu deities, Union Home Minister Amit Shah, and the 2002 Godhra incident.

All the accused were booked under IPC sections 295A (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 relevant provisions.

With inputs from PTI



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