The Supreme Court has intervened in a case involving cartoonist Hemant Malviya, who is facing legal action due to a cartoon critical of Prime Minister Narendra Modi and the RSS. The court has decided to extend the stay on his arrest and has ordered him to issue a public apology. The cartoonist informed the Supreme Court that he would be posting apologies on Facebook, Instagram, and other social media platforms.
During a hearing concerning Malviya’s plea for anticipatory bail in Madhya Pradesh, Advocate Vrinda Grover represented him before Justices Arvind Kumar and N.V. Anjaria. Grover stated that an apology had already been submitted in line with previous court orders. She also confirmed that the contentious cartoon would be removed from all social media, including Facebook-related posts, and that Malviya would post an apology on his personal social media accounts.
The Additional Solicitor General (ASG) for Madhya Pradesh, K.M. Natraj, argued that the cartoon should remain online, given the ongoing investigation. Natraj suggested the apology should include a statement that Malviya would not repeat such actions and would cooperate with the investigation.
Following these arguments, the court instructed Malviya to publish his apology within 10 days. The court also extended the interim protection from arrest granted to Malviya until the next hearing. This legal matter concerns the anticipatory bail plea of Hemant Malviya, a cartoonist residing in Indore. The Supreme Court has extended the order to prevent his arrest.
Malviya, the cartoonist, communicated to the Supreme Court that he would be apologizing on Facebook, Instagram, and other social media outlets for his cartoon depicting PM Modi and the RSS. The court acknowledged this statement.
The core of the case is rooted in a petition filed by Malviya in the Supreme Court. He is challenging the Madhya Pradesh High Court’s decision to deny him anticipatory bail. The case is connected to an FIR filed against him under the Indian Penal Code and Section 67A of the IT Act.
The FIR describes Malviya’s cartoon, which featured a depiction of an RSS-uniformed individual, with lowered shorts, being injected by Prime Minister Modi. This post also included statements concerning Lord Shiva, which were deemed “offensive” by the High Court.
Malviya explained in his petition that the cartoon was a satirical commentary on the discussions around vaccines during the COVID-19 pandemic. He claims that the cartoon was re-shared by another social media user with added comments regarding a caste census, and that he only shared the cartoon without endorsing the added commentary.
During a previous hearing (July 15), the Supreme Court expressed concerns regarding certain cartoons published by Malviya and discussed the potential need for guidelines related to freedom of expression.