Bombay High Court Stays Trial Court Proceedings Against Comedian Munawar Faruqui In Hukkah Bar Case

The Bombay High Court on Tuesday stayed the proceedings pending before a trial court against standup comic Munawar Faruqui, who along with 14 others was booked in a case of smoking hukka.

A division bench of Justices Revati Mohite-Dere and Sandesh Patil has asked the prosecution to submit before it the chargesheet, so as to ascertain, what material is placed on record against Faruqui.

The judges heard the petition filed by Faruqui challenging a March 2024 FIR lodged against him after the Mumbai Police raided a hukkah bar. The comedian along with 14 others were found smoking hukkah and were thus detained by the police, then.

Faruqui was booked under the Cigarettes and Other Tobacco Products Act (COTPA) for smoking in a public place, but was later released because the charges were bailable.

On Tuesday, when the matter was called out for hearing, the counsel representing Faruqui submitted that the provisions of COTPA does not apply on his client as he was smoking hukkah in a room meant for hukkah only. He argued that his client did not breach any law as he was found smoking herbal hukkah.

On the other hand, additional public prosecutor Kranti Hiwrale pointed out that the petitioner and others were not smoking herbal hukkah but were smoking a tobacco one and thus the provisions of COTPA were rightly invoked.

The judges noted that the chargesheet in the case has been filed by the prosecution and therefore, for the time being, stayed the trial court proceedings till further date, Hiwrale confirmed.

The bench has asked the prosecutor to bring on record, the chargesheet filed before the trial court. The matter would be next heard on December 8.