Lagatar24 Desk
New Delhi: The Supreme Court has agreed to urgently hear the anticipatory bail plea of Indore-based cartoonist Hemant Malviya, who faces criminal charges for posting a caricature online depicting Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh (RSS), with a controversial comment linking the image to Lord Shiva.
Caricature Posted During COVID-19 Pandemic
Advocate Vrinda Grover, representing Malviya, informed the apex court that the caricature in question was published in 2021 during the COVID-19 pandemic. Grover argued for immediate intervention, highlighting that the Madhya Pradesh High Court had denied her client’s anticipatory bail and ruled that landmark Supreme Court judgments in cases like Arnesh Kumar and Imran Pratapgarhia would not apply to Malviya’s situation.
The police case against Malviya was registered in Indore on May 21, based on a complaint filed by Vinay Joshi, an RSS worker and advocate, accusing the cartoonist of posting objectionable content about the RSS, Prime Minister Modi, and Lord Shiva.
Charges and High Court’s Observations
Malviya has been charged under various sections of the Bharatiya Nyaya Sanhita (BNS) for promoting communal disharmony, outraging religious feelings, provoking breach of peace, and under provisions of the Information Technology Act. These offenses carry a punishment ranging from three to five years, Grover noted.
In its order dated July 3, the Madhya Pradesh High Court dismissed Malviya’s anticipatory bail petition, asserting that his actions exceeded the boundaries of freedom of speech and expression. “This court is of the considered opinion that the custodial interrogation of the applicant would be necessary,” observed Justice Subodh Abhyankar.
The High Court further criticized Malviya’s conduct, stating that depicting the RSS and the Prime Minister alongside derogatory references to Lord Shiva amounted to a misuse of the right to free expression. The court described Malviya’s post as deliberate and malicious, intended to outrage religious sentiments, and emphasized that it could not be deemed to have been made in good taste or faith.
Before approaching the High Court, Malviya’s anticipatory bail plea was also rejected by a sessions court in Indore on May 24.
The Supreme Court is expected to take up the matter for an urgent hearing in the coming days.
