Comedian Munawar Faruqui has been released from Indore Jail after the Chief Judicial Magistrate of Indore received a “call from a judge of the Supreme Court”, urging them to check the website for the apex court’s order that had put a stay on Munawar’s production warrant and granted him ad-interim bail, reports Indian Express.
Munawar Faruqui, who was granted ad-interim bail by the Supreme Court was not released from Indore Jail till late night as jail authorities insisted that there should be more clarity on the pending warrants in the cases registered by Uttar Pradesh Police, his lawyer Anshuman Srivastav told LiveLaw.
Speaking to Indian Express Superintendent of Indore Central Jail, Rajesh Bangde said “We had earlier not received the order, however, a judge from the Supreme Court called up the Chief Judicial Magistrate of Indore and asked him to check the website for the uploaded orders and in case it was already uploaded, to comply by it. We checked the site and it was uploaded and hence he was released at 11 pm.”
On February 5, a bench headed by Justice RF Nariman had stayed the Madhya Pradesh High Court order which refused him bail in a case for alleged hurting of religious sentiments, and had ordered his release on ad-interim bail. The top court had also stayed the production warrants against him, on the basis of the submission made by Senior Advocate Saurabh Kirpal that such warrants have been issued on the basis of cases registered by UP Police for alleged hurting of religious sentiments.
Faruqui’s lawyers produced the order of the apex court in the Indore court, which directed that comedian be released on a bond of Rs 50,000 and the similar amount of security.
Despite that, the comedian, who has been in custody since January 2, was not released.
Asked why Faruqui was not released from the jail, an officer of the Indore Central Jail said a court in Prayagraj had ordered Faruqui”s production in a similar case on February 18, reported the PTI.
Citing the jail manual, he said an order from the Prayagraj court or a competent government officer is needed to release Faruqui. The officer said Faruqui will be taken to Prayagraj on Sunday morning if they don”t get the requisite order. Before that, a COVID-19 test will be conducted on him, he added.
“Our belief in judiciary was strengthened after the Supreme Court order,” he said.
The Supreme Court passed the order after noting the submission of Faruqui’s counsel that the allegations against him were vague and that the arrest was carried out flouting the directions of the apex court in the Arnesh Kumar judgment.
“The learned counsel has pointed out to us that quite apart from the fact that the allegations made in the FIR are vague that the procedure contained in Section 41 Cr.P.C. as adumbrated by our Judgment in “Arnesh Kumar Vs. State of Bihar & Anr.”, reported in (2014) 8 SCC 273, has not been followed before arresting the petitioner. This being the case, we issue notice in both the petitions, and stay the Judgment of the High Court. The petitioner is released on ad-interim bail on conditions to the satisfaction of the trial court. In the meantime, there shall be stay of the production warrants as well”, the order said.
During the hearing, Justice Nariman asked Senior Adv Saurabh Kirpal (appearing for Faruqui) if the principles laid down in the case of Arnesh Kumar v. Stat of Bihar were followed.
“Is it correct that the Arnesh Kumar judgment is not followed in the case? If that is not followed, then it is good enough,” Justice Nariman said.
Faruqui, a resident of Gujarat, was arrested on January 2 along with four others for allegedly making indecent remarks against Hindu deities and against Union Home Minister Amit Shah during a show held at a cafe in 56 Dukan area of Indore on January 1.
The complaint was filed against them by Eklavya Singh Gaur (36), son of local BJP legislator Malini Laxman Singh Gaur.
The other arrested persons were identified as Edwin Anthony, Nalin Yadav, Prakhar Vyas and Priyam Vyas.
On January 28, a single bench of Justice Rohit Arya of the MP High Court(Indore Bench) dismissed the bail applications filed by Faruqui and the show’s organizer Nalin Yadav observing that no case was made out for grant of bail.
(With PTI inputs)
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