'Objectionable' cartoons on PM, RSS: Supreme Court grants protection to cartoonist; decries use of offensive language on social media

New Delhi: The Supreme Court on Tuesday decried the use of offensive language in shows and on social media, while granting protection from coercive action to a cartoonist accused of sharing alleged objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media.

A bench of Justices Sudhanshu Dhulia and Aravind Kumar, however, made it clear to the petitioner, Hemant Malviya that if he continues to share offensive posts on social media, the state was free to take action against him under the law.

The court minced no words in criticising the use of offensive language in posts on social media.

“What is happening today is all kinds of statements are being made and the language they use in these shows. Do not know what background…one can say anything to anybody," the bench said.

In a lighter vein, the bench said there are some among the lawyer community also.

"We will have to do something about it," the bench said, considering passing orders on abusive social media posts.

Additional Solicitor General K M Nataraj, appearing for the Madhya Pradesh government, shared with the bench some more online posts of the petitioner.

Advocate Vrinda Grover, representing the petitioner, asked the bench to give an opportunity to her client, saying “it will never recur again”.

Nataraj said they just want to become heroes in the public domain.

He said, he was informed that the petitioner has made a post on the judiciary as well. Nataraj contended before the bench that he would bring on record all his posts.

Grover said the FIR was registered on one post.

“Now a Pandora’s box is being opened against me," she said, adding the deletion of posts by her client will take place immediately.

Nataraj said he may delete all the posts, but all the deleted posts should be brought before the apex court, as it is required for the purpose of investigation.

On July 14, the apex court told the Indore-based cartoonist that his conduct was immature, after which he agreed to delete the Facebook post. Malviya is facing an FIR over an objectionable cartoon on Prime Minister Narendra Modi and the RSS.

On Monday, the bench minced no words in expressing its disapproval and dissatisfaction over the cartoonist's conduct. The bench queried Grover whether her client is willing to delete the post. The counsel agreed to the suggestion of the bench and also sought interim protection in the case.

The counsel emphasised that her client is a 50-year-old man and should be granted interim relief. The bench said, "Still no maturity. We agree that it is inflammatory."

On July 3, the high court refused to grant anticipatory bail to Malviya. The court had observed that it was a gross misuse of freedom of speech. The petitioner moved the apex court against the high court order.

A case was registered against Malviya at Lasudiya police station of Indore in May on the complaint of local lawyer and Rashtriya Swayamsevak Sangh worker Vinay Joshi.

The high court had observed the conduct of the applicant in depicting RSS, along with the Prime Minister of this country in the caricature, coupled with his endorsement of a rather demeaning remark, dragging unnecessarily the name of Lord Shiva in the comments tagged to it, is nothing but sheer misuse of freedom of speech and expression as enshrined under Art 19(1)(a) of the Constitution.