HC reserves order on jailed comedian Faruqui's bail plea

The Indore bench of the Madhya Pradesh High Court on Monday reserved its order on the bailapplication of stand-up comedian Munawar Faruqui, arrested oncharges of making objectionable comments against Hindu deitiesduring a show here.

The comedian (32) is in judicial custody and lodged atIndore Central Jail since January 1, when he was arrested bythe police following a complaint against him filed by EklavyaSingh Gaud (36), son of local BJP MLA Malini Laxman SinghGaud.

Justice Rohit Arya reserved his order on the bailapplication after hearing the arguments of both the petitionerand prosecution for around 30 minutes via video conferencing.

The court also asked the prosecution and two localadvocates opposing Faruquis bail to furnish documentsrelating to the case.

Senior advocate Vivek Tankha, appearing for Faruqui,contested the charge against his client under IPC section 295A(outraging religious feelings).

He argued that the comedian, a resident of Junagadh inGujarat, had not spoken any word that would hurt anybodysreligious feeling during the show on January 1 at a cafe inthe city.

However, the complainant created a furore on the daisand got the function stopped mid-way, said Tankha.

Government advocate Amit Singh Sisodia opposedFaruquis bail plea.

Local advocates Rajesh Joshi and Manish Gupta, too,opposed bail to the comedian, contending he has hurt thereligious sentiments of Hindus.

They argued that the comedian, during his shows in thepast as well, had made objectionable comments against HinduGod and Goddesses and such remarks of his have come to lighton online platforms.

The comedian moved the High Court after lower courtsturned down his bail pleas.

Besides Faruqui, four other persons associated withorganising the show were booked under IPC section 295A(outraging religious feelings) and other counts.

According to the complainant, indecent statements weremade at the show against Hindu deities, Union Home MinisterAmit Shah and the 2002 Godhra incident.

All the accused were booked under IPC sections 295A(deliberate and malicious acts, intended to outrage religiousfeelings of any class by insulting its religion or religiousbeliefs), section 269 (unlawful or negligent act likely tospread the infection of any disease dangerous to life) andother relevant provisions.