Supreme Court Rebukes Cartoonist Hemant Malviya For Modi-RSS Cartoon, Declines Interim Bail

The Supreme Court on Monday (14 July) rebuked Indore-based cartoonist Hemant Malviya for creating an 'inflammatory' cartoon of Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh (RSS), linking it to Lord Shiva in the comments.

As per the report by NDTV, a bench led by Justice Sudhanshu Dhulia criticised the 50-year-old cartoonist’s “immaturity,” calling the work an “abuse of freedom of speech and expression,” and ordered to delete the cartoon.

The court refused to grant Malviya interim protection against arrest, telling his lawyer Vrinda Grover that nothing would happen in a 24 hour period, and posted his anticipatory bail plea for further hearing the next day.

Grover argued Malviya only posted the cartoon and that another individual added the comments on social media.

She said, “It was from 2021 (during the Covid pandemic)... about some comments that some vaccines are 'safe as water'. There was a lot of confusion and misinformation then about vaccines.”

She also claimed no law-and-order issues arose because of the post, explaining, “The cartoon made headlines someone else because things live on social media forever,” and emphasised Malviya’s willingness to delete the post and apologise.

Justice Dhulia asked Additional Solicitor-General KM Nataraj if an apology would suffice.

Nataraj replied, “They are saying it is offensive but not an offence...” and added, “This is causing social disharmony and a breakdown of law-and-order... all over the country such things are happening and they are 'triggering'.”

Previously, the Madhya Pradesh High Court denied bail, ruling Malviya had “overstepped the threshold of freedom of speech and expression.” Malviya faces charges under the IT Act, with possible jail terms of three to five years.

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