PM Modi-RSS caricature: Cartoonist Malviya moves SC for anticipatory bail

A FIR was registered against Hemant Malviya at Lasudiya police station of Indore in May on the complaint of local lawyer and Rashtriya Swayamsevak Sangh worker Vinay Joshi

The Supreme Court on Friday agreed to hear the anticipatory bail plea of Indore-based cartoonist accused of uploading "objectionable" cartoons of Prime Minister Narendra Modi and RSS workers on social media.

A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi agreed to hear on July 14, the plea filed by Hemant Malviya challenging the Madhya Pradesh High Court order refusing to grant him relief after advocate Vrinda Grover sought urgent hearing in the matter.

The high court had observed that it was gross misuse of freedom of speech.

Grover submitted the matter pertains to a cartoon which Malviya made in 2021 during Covid and the high court said no landmark cases like in Arnesh Kumar and Imran Pratapgarhi, which dealt with life and liberty, will be followed.

"The offence is under which BNS which entails a maximum of three years of punishment," Grover submitted.

Justice Dhulia ordered that the matter will be listed on July 14 before the appropriate bench.

On July 3, the high court refused to grant anticipatory bail to Malviya.

A FIR was registered against Malviya at Lasudiya police station of Indore in May on the complaint of local lawyer and Rashtriya Swayamsevak Sangh worker Vinay Joshi.

Malviya hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media, the complaint alleged.

The FIR mentioned various "objectionable" posts, including allegedly inappropriate comments on Lord Shiva as well as cartoons, videos, photographs and comments regarding Modi, RSS workers and others.

"...on the face of it, the conduct of the applicant in depicting the RSS, which is a Hindu organisation, along with the prime minister of this country in the aforesaid caricature, coupled with his endorsement of a rather demeaning remark, dragging unnecessarily the name of Lord Shiva in the comments tagged to it, is nothing but sheer misuse of freedom of speech and expression as enshrined under Art 19(1)(a) of the Constitution...," the high court said.

"...the post becomes more unsettling when the aforementioned derogatory lines involving Lord Shiva are also added to it, and which have also been favourably endorsed by the applicant himself who is also encouraging other people to experiment with the said caricature, which certainly cannot be said to be made in good taste or faith," the high court had further said in its order.

The high court had added it was apparent that it was a deliberate and malicious attempt to outrage religious feelings and Malviya "clearly overstepped the threshold of freedom of speech and expression".

"In view of the same, this Court is of the considered opinion that the custodial interrogation of the applicant would be necessary," the high court had said.

Malviya's lawyer before the high court has contended that he only posted a cartoon, but he could not be held responsible for the comments posted on it by other Facebook users.

The FIR accused him of posting indecent and objectionable material with the intention of hurting religious sentiments of Hindus and tarnishing the RSS's image.

Police have invoked Bharatiya Nyaya Sanhita (BNS) sections 196 (acts prejudicial to maintenance of harmony between different communities), 299 (deliberate and malicious acts intended to outrage religious feelings) and 352 (intentional insult with intent to provoke breach of the peace) as well as section 67-A (publishing or transmitting in electronic form any sexually explicit material) of the Information Technology Act against the accused.