Objectionable cartoons on PM, RSS: SC grants anticipatory bail to Hemant Malviya

Noting that he has already apologised on his Facebook and Instagram accounts, the Supreme Court on Tuesday granted anticipatory bail to Indore-based cartoonist Hemant Malviya — accused of allegedly sharing objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media platforms.

A Bench led by Justice Aravind Kumar, however, gave liberty to the police to seek cancellation of his bail in case Malviya did not cooperate with them in the probe.

The order came after advocate Vrinda Grover, representing Malviya, informed the Top Court that an apology was tendered and that the petitioner had not yet been summoned.

Additional Solicitor General KM Nataraj said summoning will take place only after all the evidence was gathered.

Malviya was booked by Indore Police in May on a complaint filed by lawyer and RSS worker Vinay Joshi who accused the cartoonist of hurting religious sentiments of Hindus and disturbing communal harmony by uploading objectionable contents on social media.

On July 15, the Top Court had given Malviya protection from coercive action. On Tuesday, the order was made "absolute".

Malviya had earlier filed an affidavit expressing regret and tendering a whole-hearted apology.

The Bench had expressed the hope that it‘s not only "from the pen but also from the heart".

Noting that the probe was pending, Natraj had said the post may be a relevant piece of evidence and its deletion at this stage should not be permitted.

Malviya had challenged in the Apex Court a Madhya Pradesh High Court order passed on July 3 refusing to grant him anticipatory bail.

The FIR against him mentioned various "objectionable" posts, including allegedly inappropriate comments on Lord Shiva as well as cartoons, videos, photographs and comments regarding Modi, RSS workers and others. The FIR accused him of posting indecent and objectionable material with the intention of hurting religious sentiments of Hindus and tarnishing the RSS's image.