‘Liberty has to be balanced with duty’: HC denies bail to Faruqui
NEW DELHI: The Madhya Pradesh high court on Thursday refused to release stand-up comic Munawar Faruqui on bail, holding that he was prima facie (on the first impression) guilty of hurting others’ religious sentiments “under the garb of stand-up comedy” during a public show staged in Indore on January 1.
In his 10-page order dismissing Faruqui’s bail plea, justice Rohit Arya also urged the states to strive to ensure that the “ecosystem and sustenance of coexistence in our welfare society is not polluted by negative forces”.
The court emphasised that “liberty of an individual has to be balanced with his duties and obligations towards his fellow citizens”, adding that “mutual respect, faith and trust amongst all citizens of India are basic tenets of coexistence, in a welfare society governed by the principles of rule of law”.
The court brushed aside Faruqui’s defence that although he was present at the show in Indore, he did not say anything that day.
He had also contended that there was no need for him to remain behind bars because the alleged offences of hurting religious sentiments and violating Covid-19 protocol were punishable with a maximum jail term of only three years. Opining on the merit of the case, the high court held: “The evidence/material collected so far suggest that in an organised public show under the garb of standup comedy at a public place 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.” By a common order, the court also dismissed the bail plea of Nalin, a co-accused in the case. Apart from Faruqui and Nalin, three others named as accused in the first information report (FIR) are Edwin Anthony, Prakhar Vyas and Priyam Vyas.
Commenting on the high court’s order, senior advocate Vivek Tankha, who represented Faruqui, said: “I am disappointed with the order, to say the least.” About the prospect of filing an appeal before the Supreme Court, Tankha said that a decision would be taken by the parties soon. Faruqui was arrested on January 1 on the complaint of Hindu Rakshak Sangathan convener Eklavya Singh Gaud.