The Supreme Court of India on Tuesday granted interim protection from coercive action to cartoonist Hemant Malviya, who faces charges for allegedly sharing objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media.
A bench comprising Justices Sudhanshu Dhulia and Aravind Kumar cautioned Malviya, however, that if he continued to share offensive material online, the state would be at liberty to take action as per the law.
“We will have to do something about it,” remarked the Supreme Court bench, expressing concern over abusive content circulating on social platforms. The judges further observed, “Log kisi ko bhi, kuch bhi keh dete hain (People say anything to anyone).”
Cartoonist’s Bail Plea Reaches Apex Court
Malviya had approached the Supreme Court after the Madhya Pradesh High Court on July 3 refused him anticipatory bail. The case originates from an FIR lodged at Lasudiya Police Station in Indore in May, based on a complaint filed by Vinay Joshi, a lawyer and RSS worker.
The complaint alleged that Malviya had hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable content on social media.
‘It May Be in Poor Taste, But Is It an Offence?’
Representing Malviya, senior advocate Vrinda Grover argued in court on July 14 that the controversial cartoon dated back to 2021, during the Covid-19 pandemic.
Grover submitted, “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.”
She further stated that Malviya would delete the alleged offensive post.
‘Freedom of Speech Is Being Abused,’: Supreme Court
Justice Dhulia observed during the hearing, “Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused.”
Additional Solicitor General K M Nataraj, appearing for the Madhya Pradesh government, stressed that such actions were not isolated incidents, saying, “It is not the question of maturity alone. It is something more.”
FIR Cites Objectionable Content and Religious Insults
The FIR against cartoonist Hermant Malviya listed several allegedly offensive posts, including remarks about Lord Shiva and posts featuring cartoons, videos, photographs, and comments about PM Modi, RSS workers, and others.
Malviya’s defence in the Madhya Pradesh High Court argued that while he had shared a cartoon, he could not be held accountable for comments posted by other Facebook users.
The police invoked provisions of the Bharatiya Nyaya Sanhita, including Section 196 (acts prejudicial to community harmony), Section 299 (malicious acts intended to outrage religious feelings), and Section 352 (intentional insult with intent to provoke breach of peace), alongside Section 67-A of the IT Act (publishing sexually explicit material).
Supreme Court, cartoonist, Prime Minister Narendra Modi, RSS workers, social media
#grants #protection #cartoonist #objectionable #posts #RSS #Log #kisi #bhi #kuch #bhi #keh #dete #hain