SC grants protection to cartoonist in free speech row, warns against repeated offences

The Supreme Court on Tuesday granted interim protection from arrest to cartoonist Hemant Malviya, who is facing legal action for sharing allegedly objectionable cartoons and posts targeting Prime Minister Narendra Modi, RSS workers, and Hindu religious sentiments on social media.

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The bench, comprising Justices Sudhanshu Dhulia and Aravind Kumar, cautioned Malviya that further offensive posts could invite legal consequences. “People are saying anything to anyone these days,” the bench remarked, emphasizing the increasing abuse of online expression.

Malviya had approached the apex court after the Madhya Pradesh High Court denied him anticipatory bail on July 3. The FIR, lodged at Lasudiya police station in Indore, was based on a complaint by RSS member Vinay Joshi, who alleged the posts were derogatory and disturbed communal harmony. Malviya has been booked under provisions of the Bharatiya Nyaya Sanhita and the IT Act, including sections related to religious disharmony and obscene content.

Appearing for Malviya, senior advocate Vrinda Grover argued the cartoon in question was from 2021 and stemmed from the COVID-19 era. While admitting the post may be in poor taste, she questioned whether it constituted a criminal offence. The court acknowledged the fine line between offensive content and criminal liability but reiterated that continued provocation won’t be tolerated.