The Supreme Court on Tuesday provided protection to cartoonist Hemant Malviya, who shared a controversial cartoon about the RSS and Prime Minister Narendra Modi. The court expressed displeasure over the objectionable social media post, stating that people say anything on social media and something needs to be done about it.
A bench comprising Justices Sudhanshu Dhulia and Arvind Kumar granted Malviya protection from punitive action, but warned that if he continues to post objectionable content on social media, the state is free to take action against him under the law. Justice Dhulia remarked that regardless of what the court does in this case, it is clear that freedom of speech and expression is being misused, and there is a need to stop it.
What’s the Case About?
Senior advocate Vrinda Grover appeared on behalf of Hemant Malviya in the Supreme Court. She argued that while the case is distasteful and poor, it does not constitute a crime. It might be condemnable, but it is not criminal, she said.The bench, however, countered that it is undoubtedly a violation of freedom of expression.
Malviya had posted the objectionable cartoons on social media during the 2021 Covid-19 pandemic. An RSS worker and lawyer, Vinay Joshi, lodged a complaint against Malviya at the Lasudia police station in Indore in May, alleging that the cartoons hurt Hindu sentiments and attempted to disrupt communal harmony.
Joshi claimed that Malviya’s cartoons, which included objectionable depictions of Lord Shiva, PM Modi, and the RSS, aimed to tarnish the image of Hinduism and the organization. The police registered a case against Malviya under various sections.
Challenging the Madhya Pradesh High Court Decision
Malviya approached the Madhya Pradesh High Court for anticipatory bail, but his plea was rejected. Additional Solicitor General KM Natraj, representing the Madhya Pradesh government, argued that such incidents are happening repeatedly. The Indore-based cartoonist had created controversial cartoons about the RSS and PM Modi, leading to the complaint by advocate and RSS volunteer Vinay Joshi. After the Madhya Pradesh High Court dismissed Malviya’s anticipatory bail plea on Tuesday, the Supreme Court stepped in to grant him protection.
This case highlights the ongoing debate over the limits of freedom of expression, especially on social media platforms. It also underscores the sensitivity around content that involves religious and political figures, often leading to legal battles and public discourse.
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