The Supreme Court on Tuesday permitted Indore-based cartoonist Hemant Malviya to publish an apology across all his social media platforms for an offensive post depicting the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi in a derogatory manner.
A bench of Justices Aravind Kumar and N.V. Anjaria, while hearing Malviya’s anticipatory bail plea, took note of his affidavit dated August 16 tendering an unconditional apology. “We hope and trust it is not from the pen but from the heart,” the bench remarked, granting him ten days to publish the apology on all his social media handles, including Facebook and Instagram.
The case stems from Malviya’s 2021 Facebook cartoon which allegedly hurt Hindu religious sentiments and tarnished the image of the RSS. Acting on a complaint filed in May 2024 by Vinay Joshi, an RSS member and lawyer, the Madhya Pradesh police initiated an investigation and booked Malviya under sections 196, 299, and 352 of the Bharatiya Nyaya Sanhita (BNS) for promoting enmity and hurting religious feelings, along with provisions of the Information Technology Act.
During the probe, investigators also flagged other controversial posts by Malviya, including one targeting the judiciary. The Supreme Court had earlier observed that such posts reflected the deteriorating standards of public discourse.
Represented by advocate Vrinda Grover, Malviya clarified that his post was not meant to offend any individual or organisation and expressed willingness to delete it. However, Additional Solicitor General K.M. Nataraj, appearing for the state, objected, arguing that the post formed part of the ongoing investigation and must remain intact until completion of the probe.
The bench agreed to monitor compliance and posted the matter after 10 days to review the publication of the apology and decide further directions.
Malviya had earlier been denied anticipatory bail by the Madhya Pradesh High Court on July 3, which held that he had misused the right to free speech under Article 19(1)(a) by making a deliberate and malicious post intended to outrage religious sentiments. The High Court had also said his actions were prejudicial to maintaining communal harmony.
Challenging that order, Malviya approached the Supreme Court, which last month granted him interim protection from arrest but observed that the cartoon was “in bad taste.”
