The Supreme Court on Tuesday granted anticipatory bail to cartoonist Hemant Malviya, who is facing charges over allegedly objectionable cartoons of Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh workers uploaded on social media.
A bench of Justices Aravind Kumar and N.V. Anjaria made its July 15 interim order granting him protection from arrest “absolute,” while allowing police to move for cancellation of bail if Malviya fails to cooperate with the investigation.
Apology On Social Media
The court noted that Malviya had already issued an apology on his Facebook and Instagram pages. His counsel, advocate Vrinda Grover, informed the bench that he had expressed regret and that the summons had not yet been served on him.
The bench observed that the apology should be not only “from the pen but also from the heart.”
Additional Solicitor General K.M. Nataraj, representing the state, said that summoning would follow once evidence collection was complete.
Case Background
Malviya was booked in May by Indore police on the basis of a complaint filed by Vinay Joshi, a lawyer and RSS worker. The complaint alleged that the posts insulted Hindu sentiments, disturbed communal harmony, and defamed the RSS.
The FIR listed several “objectionable” posts, including comments on Lord Shiva, as well as cartoons, videos, and photographs related to the Prime Minister and RSS members.
The charges invoked include Sections 196 (acts prejudicial to communal harmony), 299 (malicious acts intended to outrage religious feelings), and 352 (intentional insult to provoke breach of peace) of the Bharatiya Nyaya Sanhita, along with Section 67-A of the Information Technology Act, which deals with publishing sexually explicit material online.
On July 15, a bench of Justices Kumar and Sudhanshu Dhulia had restrained the police from taking coercive action against Malviya, expressing concern over the rising number of objectionable posts on social media and noting the possible need for stronger judicial safeguards.
In his affidavit before the court, Malviya had extended an “unqualified and wholehearted apology,” assuring that he regretted his actions.
Defence Arguments
Before the Madhya Pradesh High Court, Malviya’s lawyer had argued that he merely shared a cartoon and should not be held accountable for comments made by other Facebook users.
The High Court, however, refused to grant him anticipatory bail on July 3, prompting him to approach the Supreme Court.
(Inputs By Sambhav Sharma)
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