NEW DELHI: The Supreme Court on Friday agreed to hear on 14 July the anticipatory bail plea of Indore-based cartoonist Hemant Malviya, who is accused of posting “objectionable” cartoons of Prime Minister Narendra Modi and RSS workers on social media in 2021, with a controversial reference to Lord Shiva in the comments during the COVID-19 pandemic.
A two-judge vacation bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi agreed to list Malviya’s plea challenging the Madhya Pradesh High Court’s refusal to grant him anticipatory bail. The matter will be heard on Monday, 14 July, when the top court reopens following its 50-day summer vacation.
Appearing for Malviya, advocate Vrinda Grover sought an urgent hearing, stating that the Madhya Pradesh High Court had disregarded the Supreme Court’s landmark judgements in the Arnesh Kumar and Imran Pratapgarhi cases, ruling that they were not applicable in this instance.
The Madhya Pradesh police registered a case against Malviya on 21 May following a complaint by RSS worker and advocate Vinay Joshi. The complaint alleged that Malviya had posted offensive content concerning the RSS, Prime Minister Modi, and Lord Shiva.
Earlier, on 3 July, the Madhya Pradesh High Court had denied Malviya’s anticipatory bail, calling his actions a gross misuse of the right to freedom of speech. Justice Subodh Abhyankar stated in his order:
“The applicant has overstepped the threshold of freedom of speech and expression and does not appear to know his limits. This court is of the considered opinion that custodial interrogation of the applicant would be necessary.”
Prior to the High Court’s order, Malviya’s plea had also been rejected by a sessions court in Indore on 24 May.
Malviya has been charged under various sections of the Bharatiya Nyaya Sanhita (BNS), along with provisions of the IT Act, for allegedly promoting communal disharmony, outraging religious sentiments, and provoking a breach of peace.
The High Court, in its five-page order, noted that Malviya’s depiction of the Rashtriya Swayamsevak Sangh alongside the Prime Minister, combined with his endorsement of a derogatory comment, constituted a deliberate and malicious act intended to provoke and insult. It stated that his conduct could not be considered to have been carried out in good faith or taste.
Furthermore, the court observed that Malviya not only endorsed the caricature but also encouraged others to replicate it.