The Supreme Court on Friday took less than a minute to order interim bail for stand-up comic Munawar Faruqui, who had been in jail for 35 days on the charge of hurting religious sentiments during a public show staged in Indore on January 1.
“The petitioner (Faruqui) is released on ad-interim bail on conditions to the satisfaction of the trial court,” said a bench of justices Rohinton F Nariman and BR Gavai. The bench seemed to be in agreement with Faruqui’s advocate Saurabh Kirpal, who argued that Indore police did not follow the procedure laid out by the SC in its 2014 order in the Arnesh Kumar case on the process of police probe.
Staying the Madhya Pradesh high court judgment that declined bail to Faruqui, the apex court issued notices to the state police as well as to the complainant in the case, Hindu Rakshak Sangathan convener Eklavya Singh Gaud, son of a Bharatiya Janata Party (BJP) legislator Malini Singh Gaud.
The bench also restrained the Uttar Pradesh police from arresting Faruqui in a separate case registered against him at Prayagraj for allegedly offending religious feelings through his jokes.
Kirpal asked for an interim order to ensure Faruqui was not shifted to a jail in UP on account of the second FIR against him at Prayagraj. “Production warrant (by a trial court in Prayagraj) has been issued for my client. Please pass an interim order against any coercive process.” Acceding to the request, the bench stayed the production warrant.
{{/usCountry}}Kirpal asked for an interim order to ensure Faruqui was not shifted to a jail in UP on account of the second FIR against him at Prayagraj. “Production warrant (by a trial court in Prayagraj) has been issued for my client. Please pass an interim order against any coercive process.” Acceding to the request, the bench stayed the production warrant.
{{/usCountry}}Commenting on the HC’s order, senior advocate Vivek Tankha, who represented Faruqui in HC, said: “Citizens salute the apex court for speedy justice. This case was followed with immense concern internationally.” The SC, on Friday, took up two petitions by Faruqui, seeking quashing of the FIRs against him, and also seeking interim bail on the ground that the Indore police violated the guidelines laid down in the Arnesh Kumar judgment by not conducting any preliminary investigation before arresting him.
The 2014 Supreme Court judgment required the police to conduct a preliminary probe before making arrest where offences were punishable with imprisonment for less than seven years. Faruqui has been booked by the Indore police under charges of hurting religious sentiments and violating Covid-19 protocol, and these offences are punishable with a maximum jail term of only three years. As soon as Kirpal commenced his argument, justice Nariman asked him if it was correct that the apex court’s guidelines on arrest were not followed by the Indore police.
“If Arnesh Kumar (judgment) has not been followed, it is good enough. You don’t need to show anything more,” the judge told Kirpal, who submitted that non-compliance with the SC judgment was one of the main grounds to challenge Faruqui’s arrest in Indore on January 1.
The case is likely to come up next on March 26.