The Supreme Court has agreed to hear the anticipatory bail plea of Indore-based cartoonist Hemant Malviya on July 14. Malviya is facing legal action for allegedly posting controversial cartoons about the RSS and Prime Minister Narendra Modi on social media. His earlier plea for bail was rejected by the Madhya Pradesh High Court on Tuesday.
A bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi will take up the matter next week. Malviya’s counsel, Vrinda Grover, argued that the cartoon in question was created during the COVID-19 period in 2021 and falls under humour and satire. She contended that the High Court overlooked precedent-setting judgments such as Arnesh Kumar and Imran Pratapgarhi, which protect the right to liberty in cases with minor offences. She added that the cartoon, though provocative to some, is a bailable offence under the Bharatiya Nyaya Sanhita, which carries a maximum sentence of three years.
The controversy began after RSS volunteer and lawyer Vinay Joshi filed a complaint claiming the cartoon was intended to offend religious sentiments and incite societal discord. The artwork portrayed the RSS in its traditional uniform bowing before PM Modi, who was shown administering an injection. The post also contained allegedly derogatory references to Lord Shiva, further escalating public outrage.
In his defense, Malviya stated that the cartoon was shared merely for satirical commentary. However, the Madhya Pradesh High Court’s single-judge bench, led by Justice Subodh Abhyankar, ruled that the post exceeded the limits of free expression and warranted police interrogation under custody.
