The Supreme Court on Tuesday granted anticipatory bail to cartoonist Hemant Malviya, accused of sharing allegedly objectionable cartoons of Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers on social media.
A bench of Justices Aravind Kumar and N V Anjaria noted that Malviya had already issued a public apology on Facebook and Instagram. The court, however, clarified that the police may seek cancellation of bail if he fails to cooperate with the ongoing investigation.
Malviya was booked in Indore, Madhya Pradesh, in May following a complaint by RSS worker and lawyer Vinay Joshi, who alleged that the posts hurt Hindu religious sentiments and disturbed communal harmony. The FIR also mentioned allegedly inappropriate comments on Lord Shiva alongside cartoons, videos, photographs, and remarks concerning the Prime Minister and RSS workers.
Police invoked provisions of the Bharatiya Nyaya Sanhita — Sections 196 (acts prejudicial to harmony between communities), 299 (outraging religious feelings), and 352 (intentional insult to provoke breach of peace) — along with Section 67-A of the Information Technology Act relating to electronic transmission of sexually explicit material.
Senior advocate Vrinda Grover, appearing for Malviya, told the court that the petitioner had already expressed regret and had not been summoned so far. Additional Solicitor General K M Nataraj replied that summons would follow once all evidence was gathered.
The bench recalled that Malviya had filed an affidavit expressing a “wholehearted apology,” and observed: “We hope the apology is not only from the pen but also from the heart.”
Earlier on July 15, the Supreme Court, while granting interim protection from arrest, had voiced concern over the growing number of objectionable posts on social media and highlighted the need for judicial measures to address the issue. On Tuesday, the court made that protection “absolute,” effectively ensuring Malviya’s anticipatory bail.
Malviya had approached the apex court after the Madhya Pradesh High Court rejected his plea for anticipatory bail on July 3. In the High Court, his counsel had argued that Malviya merely posted a cartoon and could not be held responsible for comments added by other Facebook users.
The investigation into the matter is still pending. The court has left the door open for the police to move for cancellation of bail if Malviya fails to assist in the probe.
