|  |  | 

India Top Headlines

SC gives bail to Munawar Faruqui in 1 minute, remains in court order | India News


NEW DELHI: On Friday, the Supreme Court granted provisional bail to comedian Munawar Faruqui, who has been behind bars for more than a month since his arrest on January 2 in a case brought against him in Madhya Pradesh for allegedly hurting feelings. religious.
A court of judges RF Nariman and BR Gavai also suspended the order issued against them in a similar case filed in Uttar Pradesh. The court took note of the statement of senior lawyer Saurabh Kirpal, who alleged that the police did not follow the procedure under Section 41 of the Code of Criminal Procedure (which refers to the powers of the police to arrest without a warrant).
It took just a minute for the court to approve the order in favor of Faruqui, who was denied bail by the lower court and the Madhya Pradesh high court. “The scholarly attorney has pointed out to us that, apart from the fact that the allegations made in the FIR are vague, the procedure contained in Section 41 CrPC as outlined by our judgment in Arnesh Kumar against the state of Bihar, has not been followed before arresting the petitioner. This being the case, we issue a notice on both petitions and suspend the judgment of the higher court. The petitioner is released on provisional bail under conditions to the satisfaction of the court of first instance. Meanwhile, it will also remain in the production guarantees, “the bank said.
The Supreme Court, in formulating guidelines to prevent the misuse of Section 41, had said: “We are of the opinion that if the provisions of Section 41 of the Code of Criminal Procedure authorizing the police officer to arrest a defendant without a warrant are scrupulously enforced by a magistrate and without a court order, wrongdoing by police officers intentionally or unintentionally will be reversed, and the number of cases that go to court for early bail will be substantially reduced. We would like to emphasize that the practice of mechanically reproducing in the case diary all or most of the reasons contained in the section for making the arrest should be discouraged and discontinued ”.
He had directed all state governments to instruct police officers not to automatically arrest and take such action only in accordance with the parameters set out in Section 41. According to Section 41A, when a person “complies and continues to comply With the notice issued by the police for personal appearance, he will not be arrested. ”

Reference page