Hemant Malviya, a cartoonist, is embroiled in a legal battle after creating a satirical cartoon targeting Prime Minister Narendra Modi and the RSS. This has resulted in an FIR and the matter is now under review by the Supreme Court. The cartoonist has indicated to the Supreme Court his intention to issue apologies on platforms such as Facebook, Instagram, and other social media outlets, regarding the contentious cartoon.
During a hearing concerning his anticipatory bail plea in Madhya Pradesh, Advocate Vrinda Grover, representing Malviya, presented the case before Justices Arvind Kumar and N.V. Anjaria. She asserted that an apology had already been submitted as per previous directives and added that the cartoon would be removed from all associated social media sites, regardless of their connection to a Facebook post. Furthermore, she confirmed that an apology would be published on his personal social media accounts.
Representing the state of Madhya Pradesh, Additional Solicitor General (ASG) K.M. Natraj argued that the post should not be removed, given the ongoing investigation. Natraj proposed that the apology should be accompanied by a declaration from Malviya, stating his commitment to refrain from similar actions in the future and his willingness to cooperate with the investigation.
The bench subsequently approved this approach, mandating Malviya to publish an apology within a 10-day timeframe. The temporary protection from arrest granted to Malviya was extended until the next court hearing. The case centers on the anticipatory bail application of Hemant Malviya, a cartoonist from Indore. The Supreme Court has chosen to extend the stay on Hemant Malviya’s arrest.
Malviya, the cartoonist, confirmed to the Supreme Court that he would issue apologies on platforms like Facebook and Instagram, concerning his cartoon of PM Modi and the RSS. The Supreme Court took note.
The core of the matter involves Malviya’s petition to the Supreme Court, challenging the Madhya Pradesh High Court’s decision to deny him anticipatory bail. The case stems from the FIR lodged against him under the Indian Penal Code and Section 67A of the IT Act.
Details from the FIR describe Malviya’s cartoon, which depicted a figure in RSS attire with lowered shorts being administered an injection by Prime Minister Modi. The post included statements associated with Lord Shiva that were considered “offensive” by the High Court.
Malviya clarified in his Supreme Court petition that the cartoon was a satire commenting on the discourse surrounding vaccines during the COVID-19 pandemic. He claims that another social media user subsequently reshared the cartoon and added commentary about caste census, and that he only shared it without showing support.
In the previous hearing (July 15), the Supreme Court expressed concerns regarding certain cartoons published by Malviya and considered developing guidelines to address issues related to freedom of expression.
