Former Madhya Pradesh High Court judge Justice Rohit Arya, who hit headlines in 2021 when he denied bail to comedians Munawar Faruqui and Nalin Yadav, joined the Bharatiya Janata Party (BJP) on Saturday, nearly three months after retiring. Justice Arya, as per reports, received his BJP membership from the party’s state unit chief, Dr. Raghavendra Sharma, at a program in Bhopal.
During his tenure, he presided over several high-profile cases. Notably, in 2021, he denied bail to comedians Munawar Faruqui and Nalin Yadav, who were accused of hurting religious sentiments and violating Covid-19 protocols during a New Year event in Indore.
Justice Arya had questioned Faruqui’s “mindset” behind his alleged jokes, reportedly asking, “Why do you take undue advantage of others’ religious sentiments and emotions? What is wrong with your mindset? How can you do this for the purpose of your business?”.
In his order, Justice Arya emphasised the Constitutional duty to promote harmony and the spirit of brotherhood. He stated, “The State must endeavour to ensure that this ecosystem and sustenance of coexistence in our welfare society is not polluted by negative forces.”
The Supreme Court later granted bail to Faruqui, overturning the High Court’s order.
Earlier this year, Justice Arya was also in the spotlight as he was seen scolding a law student for drinking water from a bottle he brought to the visitor’s gallery inside the courtroom. Then at the Gwalior bench of the Madhya Pradesh High court, Justice Arya was criticised for the ‘interrogation’ he held inside the courtroom.
He had also faced criticism on one of his 2020 orders in which he laid out a unique condition for granting bail to a man who was accused of molesting a woman – to get a rakhi tied by the complainant on the day of Raksha Bandhan and promise to “protect her for all times to come”.
Justice Rohit Arya, born on April 28, 1962, was sworn in as a Judge of the High Court of Madhya Pradesh, Gwalior Bench, on September 12, 2013, and became a Permanent Judge on March 26, 2015. Enrolling as an advocate in August 1984, he was designated as a Senior Advocate by the High Court of Madhya Pradesh on August 26, 2003. With over 29 years of practice, Justice Arya has extensive experience in civil laws, commercial and corporate fiduciary matters, international and domestic arbitration, administrative and service laws, labor laws, and tax laws. He has represented various individuals and bodies, including the Central Government, State Bank of India, Telecom Department, BSNL, Employees State Insurance Corporation, and the Income Tax Department.
Justice Arya’s areas of practice encompass civil, service, labor, constitutional, administrative, taxation, corporate and commercial law, arbitration, and appellate civil litigation in both the High Court and Supreme Court. His professional experience includes being empanelled as a Senior Panel Counsel for the State of Madhya Pradesh in the Supreme Court of India from 2007 onwards and serving as Standing Counsel for the Income Tax Department in the M.P. High Court from 1999 to 2012 and in Chhattisgarh from 2009 to 2012. Additionally, he was the Standing Counsel for the Central Government in the Central Administrative Tribunal from 1994 to 2000, for Bharat Sanchar Nigam Ltd. from 2003 to 2013, and represented the Telecom Department in the M.P. High Court and Central Administrative Tribunal from 1991 to 2003.