The Supreme Court expressed dismay over Indore-based cartoonist Hemant Malviya’s inflammatory cartoon of Prime Minister Narendra Modi and the RSS and termed it as an abuse of freedom of speech and expression. The court asked for the cartoon, which also had a link to Lord Shiva, to be deleted.
The court then posted Malviya’s anticipatory bail plea for further hearing tomorrow, refusing a plea for interim protection against arrest. However, the court told the petitioner’s counsel Advocate Vrinda Grover that nothing would happen in a 24-hour period. Grover told the court that Malviya posted only the cartoon and the comments were added by netizens after it was shared on a social media platform.
Malviya’s cartoon was from 2021 (during the Covid-19 pandemic) and the controversy rose about some comments which said vaccines are safe as water. Malviya’s counsel pointed out there was no law and order problem due to the cartoon. The cartoonist had not shown any malafide intentions in the creation of the artwork, his counsel said and also made it clear that Malviya is ready to delete the post and offer and apology.
The cartoonist approached the Supreme Court after the Madhya Pradesh High Court refused anticipatory bail, after police filed a case terming the post as objectionable content. Justice Subodh Abhyankar said that the cartoonist clearly overstepped the threshold of freedom of speech and expression, without knowing his limits.
Malviya faces charges of promoting communal disharmony, outraging religious feelings, provoking breach of peace, and others under the Information Technology Act, which are punishable and he can be imprisoned for 3-5 years.
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