oppn parties The Munawar Faruqui Case: Supreme Court Directives Flouted

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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The Munawar Faruqui Case: Supreme Court Directives Flouted

By Sunil Garodia
First publised on 2021-02-08 03:06:28

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

It is unfortunate that the police, the lower judiciary and jail superintendents in India do not follow Supreme Court guidelines and directives, do not pay heed to its warnings and avoid using technology, when needed, to harass citizens. The arrest and subsequent denial of bail by lower courts and the MP High Court and the delay in releasing him even after the apex court granted bail in the case of standup comic Munawar Faruqui and five of his associates proves all of this without an iota of doubt.

The arrests were wrong in the first place. The Supreme Court has repeatedly warned policemen not to immediately arrest persons even under cognizable and non-bailable sections if the punishment under the section is less than seven years in jail. Yet, police forces across the country use section 295A of the IPC, read with section 41 of the CrPC to arrest people as soon as a complaint is lodged although the punishment under sec 295A is just three years.

Then, ignoring the rule "bail, not jail" and several Supreme Court orders and directives in this matter, first a magistrate, then the sessions court and finally the MP High Court denied bail to them as if they were hardened criminals. The High Court said they were contravening the provisions of sec 295A "under the garb" of standup comedy, ignoring the fact that there was no garb involved and the accused persons were professional artistes using comedy and satire to entertain people. The right to entertain and the right to be entertained was included in the right to freedom of speech and expression by the Supreme Court in the case Ministry of I&B versus Cricket Association of Bengal.

Finally, even after being granted bail, Faruqui was not released from Indore Central Jail as the authorities were bent on shifting him to UP where there was a similar FIR pending against him, once again ignoring the fact that the apex court had stayed the operation of that FIR. The specious reason provided was that the jail authorities had not received the apex court order. Did they not know that the Supreme Court has a website where all such orders are uploaded? Did it not occur to the jail superintendent to provide relief to the accused by accessing the same? In the end, the Supreme Court had to call him to do the needful, which is strange and regretful.

The Supreme Court must come down strongly on everyone guilty of not following its diktat on various matters. It has already issued a notice to the MP government as Faruqui has challenged the FIR lodged against him. Perhaps the time has also come to put a stop to the misuse of sec 295A of the IPC, read with sec 41 of the CrPC, by laying down clear guidelines as to when they can be used and against whom and whether immediate arrests are legal and if so, whether lower judiciary should grant bail as a matter of routine and withhold the same only in exceptional cases after recording the reasons in writing.