The Madhya Pradesh High Court on Thursday rejected the bail pleas of stand-up comedian Munawar Faruqui and another accused Nalin Yadav in a case of allegedly passing indecent remarks against Hindu deities.
The high court held that no case for bail had been made out, and that:
“The evidence/material collected so far, suggest that in an organized public show under the garb of standup comedy on commercial lines, prima facie; scurrilous, disparaging utterances, outraging religious feelings of a class of citizens of India with deliberate intendment, were made by the applicant.”
Justice Rohit Arya of the Indore bench of the high court on Monday had reserved the order on their bail pleas.
In its order passed on Thursday, the single judge bench while dismissing the bail plea said the court refrains from commenting upon the contentions of the parties touching on merits, but based on the material seized, the statement of the witnesses and considering that the investigation is in progress, no case is made out for grant of bail.
The charges were made by local BJP MLA Malini Gaur’s son Eklavya, who had reportedly submitted video evidence to the police while lodging the complaint. According to the complainant, indecent statements were made at the show against Hindu deities, Union Home Minister Amit Shah and the 2002 Godhra incident.
Faruqui and four others were arrested last month after the son of a BJP MLA filed a complaint accusing Faruqui of passing indecent remarks about Hindu deities and Union Home Minister Amit Shah during a show. A local court had then sent them to judicial custody.
Faruqui was booked under IPC Sections 295A (outraging religious feelings) and 269 (unlawful or negligent act likely to spread the infection of any disease dangerous to life) among other charges.