Comedian Munawar faruqui was released from Indore prison late Saturday night in compliance with the order passed by the Supreme Court on Friday morning granting him ad-interim bail.
This development came about after the Supreme Court called up Madhya Pradesh authorities directly and ordered compliance with the top court’s order of February 5 granting him bail, reported Indian Express.
The jail authorities in Madhya Pradesh had initially refused to release Faruqui citing lack of clarity with respect to an FIR filed against Faruqui in Uttar Pradesh.
MP jail authorities had initially said that they had not received any communication from concerned court in UP with respect to the FIR against Faruqui in Uttar Pradesh.
According to Indian Express, the Chief Judicial Magistrate in Indore received a directive from Supreme Court judge late on Saturday night to check the order uploaded on the court’s website and to release him.
Times of India reported that the Indore Central Jail authorities received a call from Supreme Court to check the order uploaded on Supreme Court website and release Faruqui in compliance with the order.
Faruqui was arrested on January 1 by the Madhya Pradesh Police on allegations that he made derogatory remarks against Hindu Gods during a recent stand-up show. A complaint to this effect was reportedly filed by Eklavya Singh Gaur, chief of Hindutva organisation Hind Rakshak Sangathan.
Faruqui’s bail plea was earlier rejected by a Sessions Court and thereafter the Madhya Pradesh High Court on January 28
The Supreme Court on Friday granted ad-interim bail and stayed the production warrant of Uttar Pradesh Police against Faruqui in a separate case.
The Court issued notice to the Madhya Pradesh government while observing that the law laid down by the Supreme Court in its 2014 judgment in Arnesh Kumar v. State of Bihar was not followed and procedure under Section 41 of Code of Criminal Procedure (CrPC) was not complied with while arrest Faruqui.
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 Supreme Court order said.