Munawar Faruqui had bee narrested on January 1 and denied bail thrice.
It was a late-night phone call from the Indore Chief Judicial Magistrate (CJM) to the Indore Central Jail superintendent and not one from the Supreme Court or any judge of the top court, which ultimately ensured the late Saturday night release of stand-up comedian Munawar Faruqui accused of making "filthy and indecent jokes" about Hindu Gods and Goddesses, as well as Home Minister Amit Shah.
Mr Faruqui, who was arrested on January 1, had been kept in jail even though he was granted bail by the Supreme Court on Friday. Prison officials said they were yet to receive any order from the top court.
Mr Faruqui's advocate Ashar Warsi told NDTV, "The jail authorities in Indore were not clear. So, our team of lawyers were continuously in touch with the jail administration trying to explain that what is the interpretation of the Supreme Court's Friday order. But fortunately, you can say we were able to make them understand the facts mentioned in the apex court order."
"We told them to read the order once again try to ensure its compliance because the interpretation of the order was very clear that the production warrant (issued by the Prayagraj-UP CJM court in January) too was stayed. So, they practically have to release him. So, that was the thing we tried to convince them," Mr Warsi explained to NDTV.
"I have not seen that any Supreme court judge calling anyone for compliance of his own order. Rather, the Hon. Supreme Court can directly register a contempt case and initiate contempt proceedings," he maintained.
Indore Jail Superintendent Rakesh Bhangre said, "It was the Hon. CJM who rang me and said that he has directed for Faruqui's release from jail in his Saturday release order and the copy of the Supreme Court order was attached with that."
"But I told the CJM-Indore that we have not received the Supreme Court order. If we had received those orders, we would have immediately released. When we were complying with the release order issued in the Indore case. Then I was told that if you have not got the orders, then you can check the orders on the Supreme Court website and release him. We said we will release him tomorrow, then he said no you take my orders because as per the orders of Supreme Court he should be released today. Then we followed the orders and released him," he added.
Granting Mr Faruqui bail, the top court had agreed that procedure was not followed during his arrest and the allegations in the FIR - filed on a complaint by Eklvaya Singh Gaur, the son of a BJP MLA - were vague.