HC rejects comedian Munawar Faruqui's bail plea;says promoting harmony everyone's duty

The Madhya Pradesh High Court onThursday rejected the bail plea of stand-up comedian MunawarFaruqui in a case against him for allegedly passing indecentremarks against Hindu deities, and observed that it was theconstitutional duty of every citizen and the states to promoteharmony among people irrespective of the diversities.

Justice Rohit Arya of the Indore bench of the highcourt also turned down the bail application of Nalin Yadav,another accused in the case.

The single-bench had on Monday reserved the order ontheir bail pleas.

Police had arrested Faruquand four others on January 1following a complaint by a BJP MLA's son that objectionableremarks were made by him and others about Hindu deities duringa comedy show at a caf in Indore. One more person wasarrested later.

Faruqui and Yadav are currently lodged in IndoreCentral Jail. A magistrate court and a sessions court hadearlier rejected their bail pleas.

In its order passed on Thursday, the court, whiledismissing the bail pleas, said it refrains from commentingupon the contentions of the parties touching on merits, butbased on the material seized, the statement of the witnessesand considering that the investigation is in progress, no caseis made out for grant of bail.

''The observations, if any, made in the order on factsare only for the purpose of deciding these bail applicationsand shall have no bearing on pending trial,'' the order said.

While dismissing the bail plea, the judge ruled, ''Thiscourt has carefully perused the case diary. The statements ofwitnesses recorded under section 161 CrPC, particularly thestatements of the complainant Eklavya Singh Gaud and witnessKunal.'' ''Emphasis laid on some portions of the statements bythe learned public prosecutor have already been reproduced inthe form of his contention,'' it said.

''The evidence/material collected so far suggests thatin an organized public show under the garb of standup comedyat a public place on commercial lines, prima facie,scurrilous, disparaging utterances, outraging religiousfeelings of a class of citizens of India with deliberateintendment, were made by the applicant,'' it said.

The ruling also pointed out that the counsel for theapplicant tried to submit that the applicant, Faruqui, came onan invitation from the organisers of the comedy show andthough present on the spot at the show, did not utter anythingas alleged.

''In the light of the statements of the complainant andthe witnesses referred above, the seized articles, viz, videofootage of the show and the seizure memos detailed above, atthis stage it is difficult to countenance to the submissionsof the learned counsel for the applicant as complacency of theapplicant cannot be ruled out, besides vulnerability of hisacts in public domain. It is not a case of no evidence. Moreso, the investigation is in progress,'' it said.

''The possibility of collection of more incriminatingmaterial and complacency of other persons cannot also be ruledout. Further, it has come on record that a similar nature ofoffence has been registered against the applicant at PoliceStation Georgetown, Prayagraj, state of Uttar Pradesh,'' theorder further said.

''That apart, there is also specific assertion by thecounsel for the complainant that the applicant, along withother co-accused persons, allegedly making outraging filthyjokes in social media deliberately against Hindu Gods, LordShriram and Goddess Seeta, hurting religious sentiments ofHindus for the last 18 months, despite protest on varioussocial media platforms. There is nothing on record to thecontrary,'' it said.

''Before parting with the case, it is consideredapposite to observe that our country is a beautiful countryand sets an example of coexistence amid diversities, be itreligion, language, culture, geographical locations etc, tothe world at large,'' the order said.

''Mutual respect, faith and trust amongst all citizensof India are basic tenets of coexistence, in a welfare societygoverned by the principles of rule of law.

''It is the constitutional duty of every citizen of thecountry and also of the states to promote harmony and thespirit of common brotherhood amongst all the people of Indiairrespective of religious, linguistic, regional or sectionaldiversities and to value and preserve the rich heritage of ourcomposite culture (Article 15A (e) and (f) of the Constitutionof India,'' it said.

''States must endeavour that ecosystem and sustenanceof coexistence in our welfare society is not polluted bynegative forces and must strive for achievement of goals asenshrined under Article 51A(e) and (f) of the Constitution ofIndia, in particular as these provisions are part of ourvibrant Constitution and not dead letters,'' the order said.

According to the police, the comedy show was held at acafe in 56 Dukan area of Indore on January 1. Eklavya SinghGaud (36), son of local BJP MLA Malini Laxman Singh Gaud, hadfiled a complaint against Faruqui and others.

Gaud said that he and his associates had gone to watchthe show and when they heard the ''indecent'' comments, theyforced the organisers to stop the programme.

The complaint said that indecent remarks were passedagainst Hindu gods and goddesses and Union Home Minister AmitShah during the show.

Faruqui and four others were later arrested by thepolice. All of them were booked under IPC sections 295-A(outraging religious feelings), 269 (unlawful or negligent actlikely to spread the infection of any disease dangerous tolife) and other relevant provisions. One more person wasarrested in this connection later.