The Madhya Pradesh High Court has denied anticipatory bail to Hemant Malviya, a city-based cartoonist accused of uploading objectionable cartoons and social media posts targeting Prime Minister Narendra Modi, RSS workers, and Hindu religious figures. The court observed that the accused had misused the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
Justice Subodh Abhyankar of the Indore bench, while pronouncing the order on July 3, said that the material shared by Malviya was a “deliberate and malicious attempt to outrage religious feelings” and “clearly overstepped the threshold of free speech.”
A First Information Report (FIR) was registered against Malviya in May at Lasudiya police station on a complaint filed by Vinay Joshi, a local lawyer and Rashtriya Swayamsevak Sangh (RSS) worker. The complaint accused Malviya of uploading content that hurt Hindu religious sentiments and disturbed communal harmony.
The FIR cited multiple posts, including cartoons, comments, videos, and photographs, some allegedly making inappropriate references to Lord Shiva and others mocking the Prime Minister and RSS members. The high court found the caricatures and accompanying captions to be “demeaning” and in “bad taste.”
Justice Abhyankar noted that Malviya not only posted the controversial cartoon but also endorsed and encouraged others to replicate it, which the court viewed as further evidence of malicious intent. “Such content cannot be said to be made in good taste or faith,” the court stated, emphasizing the need for custodial interrogation.
Malviya’s counsel contended that his client merely shared a cartoon and should not be held accountable for the comments made by other Facebook users. However, the court rejected this argument, holding that the original post itself contained objectionable elements.
Police have booked Malviya under multiple provisions of the Bharatiya Nyaya Sanhita, including:
- Section 196 (acts prejudicial to harmony),
- Section 299 (outraging religious feelings),
- Section 352 (intentional insult to provoke breach of peace),
as well as Section 67A of the Information Technology Act, which pertains to the electronic publication of sexually explicit material.
The matter is under further investigation, with authorities indicating that custodial questioning is essential to probe the intent and wider impact of the posts.
