did not perform that allegedly hurt Hindu sentiments, with police subsequently admitting they had no evidence of the performance. Faruqui and his five associates – including three Hindus, a Muslim, and a Christian – were arrested on January 1 by state police based on a complaint made by the son of a BJP politician, who also leads a Hindu nationalist group.
A mob of men from the organization disrupted Faruqui’s show, saying he made “indecent” and “vulgar” remarks against Hindu deities. During Faruqui’s bail hearing, the judge reportedly remarked that “such people must not be spared.” Faruqui appealed to the Supreme Court, which granted him bail on February 5, noting that the allegations in the case were vague and that the police had failed to follow proper procedure before his arrest.
However, in another case, the Supreme Court refused protection from arrest to makers of the web series Tandav after police in six states opened investigations based on complaints under section 295A and others that it had hurt Hindu religious sentiment. The judges refused bail, saying, “You cannot play a role hurting religious sentiments of others.”
The International Covenant on Civil and Political Rights, which India has ratified, encourages bail for criminal suspects. Article 9 states that, “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial.”
