The Supreme Court on Tuesday granted interim protection from arrest to cartoonist Hemant Malviya, who is facing criminal proceedings over social media posts that allegedly contained objectionable cartoons of Prime Minister Narendra Modi, Rashtriya Swayamsevak Sangh (RSS) workers, and religious content.
During the hearing, Justices Sudhanshu Dhulia and Aravind Kumar expressed concern about the nature of abusive content circulating on social media, the court remarked, "Log kisi ko bhi, kuch bhi keh dete hain (People say anything to anyone)," news agency PTI reported.
‘Freedom of speech being abused’
Although the court granted Malviya protection from coercive action, it issued a stern warning. “We will have to do something about it,” the bench said, noting that if the cartoonist continued to post offensive material, the state would be at liberty to proceed against him under the law.
Justice Dhulia further commented, “Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused.”
Malviya had approached the apex court after the Madhya Pradesh high court on July 3 denied his request for anticipatory bail.
{{/usCountry}}Malviya had approached the apex court after the Madhya Pradesh high court on July 3 denied his request for anticipatory bail.
{{/usCountry}}He was booked by the Lasudiya police in Indore in May following a complaint filed by lawyer and RSS worker Vinay Joshi.
The complaint alleged that Malviya had hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable cartoons and other content online.
Post from Covid-era cited; counsel calls it ‘poor taste’
Arguing on Malviya’s behalf, senior advocate Vrinda Grover said the cartoon in question dated back to 2021 during the Covid-19 pandemic.
“It may be unpalatable. Let me say it is in poor taste. Let me go to that extent. But is it an offence? My lords have said, it can be offensive but it is not an offence. I am simply on law. I am not trying to justify anything,” Grover told the court.
She also informed the bench that Malviya had agreed to delete the allegedly objectionable post.
Additional Solicitor General K M Nataraj, appearing for the Madhya Pradesh government, countered that such behaviour had occurred multiple times.
When Grover suggested that the matter called for maturity, Nataraj responded, "It is not the question of maturity alone. It is something more."
What are the charges against cartoonist Hemant Malviya
The FIR filed against Malviya includes serious allegations under the Bharatiya Nyaya Sanhita — Section 196 (acts prejudicial to harmony), Section 299 (acts intended to outrage religious feelings), and Section 352 (intentional insult with intent to provoke breach of peace).
He also faces charges under Section 67-A of the Information Technology Act for allegedly publishing sexually explicit content in electronic form.
According to the FIR, several posts shared by Malviya included “indecent and objectionable” comments about Lord Shiva and politically sensitive cartoons targeting Modi, RSS workers, and others.
Malviya’s counsel has maintained that while he posted the cartoon, he should not be held liable for comments made by others on the post.
(With PTI inputs)