SC warns cartoonist over offensive posts, grants him protection

The Supreme Court on Tuesday gave protection from coercive action to Indore-based cartoonist Hemant Malviya — accused of sharing alleged objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media — even as it cautioned him against irresponsible posts.

“Log kisi ko bhi, kuch bhi keh dete hain (people say anything to anyone),” a Bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar told Malviya.

If he shared any more offensive posts on social media, the state was free to take action against him under law, it said, while hearing his petition challenging an order of the Madhya Pradesh High Court refusing to grant him anticipatory bail in the case.

The case related to a cartoon Malviya made in 2021 during Covid for which he was booked by the Lasudiya police in Indore in May on a complaint filed by lawyer and RSS worker Vinay Joshi.

Malviya hurt religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media, Joshi alleged.

The FIR 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 police have invoked Bharatiya Nyaya Sanhita (BNS) Sections 196 (acts prejudicial to maintenance of harmony between different communities), 299 (deliberate and malicious acts intended to outrage religious feelings) and 352 (intentional insult with intent to provoke breach of the peace) as well as Section 67-A (publishing or transmitting in electronic form any sexually explicit material) of the Information Technology Act against the accused.