A controversy arose following a cartoon created by Hemant Malviya, which depicted Prime Minister Narendra Modi and the RSS in a potentially offensive manner. This led to legal action and the case has now reached the Supreme Court. The court was informed by the cartoonist that he intends to issue an apology across various social media platforms, including Facebook and Instagram, concerning the controversial cartoon.
During proceedings related to his anticipatory bail plea in Madhya Pradesh, Advocate Vrinda Grover represented Malviya before the bench of Justices Arvind Kumar and N.V. Anjaria. Grover informed the court that an apology had already been submitted as per prior directives. Furthermore, she stated that the contentious cartoon would be removed from all social media channels, even those linked to Facebook posts, and that a public apology would be posted on his social media accounts.
The Additional Solicitor General (ASG) representing the state of Madhya Pradesh, K.M. Natraj, argued that the post should remain visible, given the ongoing investigation. He suggested that the apology should be accompanied by a statement from Malviya, promising no repeat of such actions and offering cooperation with the investigation.
After consideration, the court instructed Malviya to publish an apology within ten days. The existing interim protection from arrest for Malviya was extended until the next court date. The situation involves Hemant Malviya, a cartoonist from Indore, and his plea for anticipatory bail. The Supreme Court decided to extend the stay on Malviya’s arrest.
Malviya, the cartoonist, confirmed to the Supreme Court his intention to issue apologies across various social media platforms, including Facebook and Instagram, regarding his cartoon of PM Modi and the RSS. The Supreme Court acknowledged this.
The legal basis for this involves a petition filed by Malviya in the Supreme Court. This petition contests the Madhya Pradesh High Court’s decision to deny him anticipatory bail. The case is connected to an FIR lodged against him, citing the Indian Penal Code and Section 67A of the IT Act.
The FIR’s details describe Malviya’s cartoon, which showed a man in an RSS uniform, with his shorts pulled down, receiving an injection from Prime Minister Modi. The post also included statements related to Lord Shiva, deemed “offensive” by the High Court.
Malviya’s Supreme Court petition explains that the cartoon was intended as satire on the vaccine-related discussions during the COVID-19 pandemic. He claims that another user later shared the cartoon, adding commentary about a caste census, and that he only shared it without expressing support.
During the previous hearing, the Supreme Court raised concerns regarding certain cartoons published by Malviya and contemplated the need for guidelines to address freedom of expression issues.