Former Madhya Pradesh High Court judge Rohit Arya, who denied bail to comedian Munawar Faruqui, joins BJP

Bhopal, July 15

Former Madhya Pradesh High Court judge Rohit Arya has joined the Bharatiya Janata Party (BJP), three months after his retirement, citing Prime Minister Narendra Modi’s public-oriented developmental work and the BJP’s policies as his primary influences.

Notably, Arya in 2021 had denied bail to stand-up comedian Munawar Faruqui, accused of hurting religious sentiments and violating COVID-19 protocols during a show in Indore, and another accused in the case.

Arya joined the BJP after addressing the workshop at the party office in Bhopal on Saturday, a party leader said on Monday.

Addressing a workshop at the BJP office in Bhopal on the newly-introduced Bharatiya Nyay Sanhita (BNS), Arya praised the legislation as a big reform aimed at providing justice to common people, contrasting it with British-era laws intended for punishment.

Expressing his gratitude towards the Central Government, Arya emphasised the significance of the BNS, predicting it would usher in significant reforms.

“To change the Indian Penal Code to Bharatiya Nyay Sanhita is a big thing. I express my gratitude towards the Central government for this. In the days to come, BNS will bring reforms in people’s lives,” Arya said.

Arya said he was joining the BJP as he was influenced by PM Modi’s public-oriented developmental works and the party’s policies.

Arya was appointed as a judge of the MP High Court on September 12, 2013, and became a permanent judge on March 26, 2015. He retired on April 27, 2024.

Speaking to PTI on Monday, Arya highlighted his commitment to ensuring the mental and physical health of marginalised citizens, stating that their well-being is essential for the country’s social and economic development.

“I always endeavour to ensure the mental and physical health of every citizen of this country who is marginalised, the have-nots and the underprivileged.

“Unless we touch their hearts ensuring their good mental and physical health, it is very difficult to ensure their social and economic development and prosperity of this country,” Arya said.

Arya said he had delivered several good judgements on issues concerning common people and wondered why the order passed by him in the Faruqui is frequently highlighted.

“I don’t know why people remind themselves of that order. I don’t know why. I had delivered many good judgements on public causes, which should be referenced instead of something which got nothing to do with the social reform of the country,” he said.

A single bench of Justice Rohit Arya in January 2021 rejected the bail plea of Faruqui booked for allegedly passing indecent remarks against Hindu deities, observing that common citizens and states are constitutionally obliged to promote harmony among people irrespective of diversities.

The bench had also turned down the bail application of Nalin Yadav, another accused in the case.

Referring to the initiatives during his career, Arya recalled the launch of the “Samadhan aapke dwara” programme in Gwalior when he was an administrative judge.

“I started this initiative in nine districts which yielded fruitful results. For the first time, judiciary, revenue, police, forest, electricity and local bodies were brought on a common platform to address the problems of people at various levels,” Arya said.

He said the number of resolved cases increased from 5,000 to 1.49 lakh in a single day.

“When this program was organised at the state level on October 24, 2023, the figures (of resolved cases) were staggering. 44 lakh cases (were settled) in one day and Rs 151 crore revenue generated for the state,” Arya said.

He said there is no “cooling period” for a judge to start another profession after retirement.

“Neither there is any rule nor any law. Above all, one must think reasonably or with common prudence,” Justice Arya (retd) noted.

He said his elevation as the high court judge underlined his ability to give respect to the chair of justice.

He said one must be honest to the chair and can choose any profession after demitting the office.

“I am free now. I have discharged my duties as a judge to the best of my abilities. And this is expected of every judge. Justice delivery is given the highest importance. Now that duty is over and I am starting new innings. I can always have a free thought,” he said.

When asked whether it is right to say anything in the name of the freedom of speech in the context of the Faruqui case, Arya said, “That’s right and my judgement is self-explanatory. This is something perversion and perversion should be overlooked”.

“Why should we give importance to such people? The best thing is not to talk about it. Once an order is passed, it is passed. Thereafter the matter landed in the Supreme Court. It is in their domain, not ours,” he added.

Arya further said that his judgement (denying bail to Faruqui) only reflected the spirit of the Constitution and there was nothing wrong in the order passed by him.

“It was absolutely all Constitutional touchstone…so this is how I want to get into public life to do something good for the core development,” he added.