Supreme Court extends interim protection to cartoonist booked over caricature of PM, RSS

Earlier, the apex court had decried the use of offensive language in shows and on social media, while granting protection from coercive action to the cartoonist.

New Delhi: The Supreme Court on Tuesday extended the protection from arrest granted to Indore-based cartoonist Hemant Malviya for his objectionable caricatures of Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh (RSS).

As Malviya’s counsel said he would publish an apology on Facebook, Instagram and other social media platforms for his post, a bench of Justices Aravind Kumar and NV Anjaria said that he should do so within 10 days and extended the interim protection till the next date of hearing.

Additional Solicitor General K M Nataraj, appearing for the Madhya Pradesh government, said that the post should not be deleted because the investigation is going on. 

He said let Malviya publish apology on social media with an undertaking that he will not indulge in the same again and he may cooperate with the probe.

Earlier, on July 15, the Supreme Court had decried the use of offensive language in shows and on social media, while granting protection from coercive action to the cartoonist.

The Madhya Pradesh High Court had on July 3 rejected his anticipatory bail plea. 

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.

Challenging the HC's order, the petitioner said his cartoon is a satirical caricature work which offers social commentary on the comments made by a public figure regarding some vaccines being effective and “safe like water”, even though their efficacy remains untested through rigorous clinical trials.

He further claimed that the caricature, was the artist's imagination of a common man being vaccinated by a public representative and has been in public circulation on social media for over four years.

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