NEW DELHI: The Supreme Court on Tuesday granted anticipatory bail to cartoonist Hemant Malviya , accused of sharing “objectionable” cartoons of Prime Minister Narendra Modi and Rashtriya Swayam Sangh (RSS) workers on social media.
Earlier, on July 15, the top court had given him interim protection from coercive action—a relief that has now been made “absolute.”
A bench of Justices Aravind Kumar and NV Anjaria noted that Malviya had already tendered an apology on his Facebook and Instagram accounts. The court, however, allowed police to seek cancellation of his bail if he failed to cooperate with the investigation.
Malviya’s counsel, senior advocate Vrinda Grover, informed the bench that her client had not yet been summoned by police. In response, additional solicitor general KM Nataraj said the summons would be issued once evidence collection was complete.
The case dates back to May, when police in Madhya Pradesh's Indore registered an FIR against Malviya based on a complaint by RSS worker and lawyer Vinay Joshi. The complaint alleged that the accused's posts hurt the religious sentiments of Hindus, disturbed communal harmony, and tarnished the RSS’s image.
On July 3, the Madhya Pradesh high Court had rejected his plea for anticipatory bail, prompting Malviya to approach the apex court.
During its July 15 order, the Supreme Court had also voiced concern over the growing number of objectionable posts on social media and emphasized the need for judicial steps to curb the trend.
Malviya faces charges under the Bharatiya Nyaya Sanhita—Sections 196 (acts prejudicial to communal harmony), 299 (deliberate acts to outrage religious feelings), and 352 (intentional insult to provoke breach of peace)—along with Section 67-A of the IT Act, which relates to publishing sexually explicit material online.
Earlier, on July 15, the top court had given him interim protection from coercive action—a relief that has now been made “absolute.”
A bench of Justices Aravind Kumar and NV Anjaria noted that Malviya had already tendered an apology on his Facebook and Instagram accounts. The court, however, allowed police to seek cancellation of his bail if he failed to cooperate with the investigation.
Malviya’s counsel, senior advocate Vrinda Grover, informed the bench that her client had not yet been summoned by police. In response, additional solicitor general KM Nataraj said the summons would be issued once evidence collection was complete.
The case dates back to May, when police in Madhya Pradesh's Indore registered an FIR against Malviya based on a complaint by RSS worker and lawyer Vinay Joshi. The complaint alleged that the accused's posts hurt the religious sentiments of Hindus, disturbed communal harmony, and tarnished the RSS’s image.
On July 3, the Madhya Pradesh high Court had rejected his plea for anticipatory bail, prompting Malviya to approach the apex court.
During its July 15 order, the Supreme Court had also voiced concern over the growing number of objectionable posts on social media and emphasized the need for judicial steps to curb the trend.
Malviya faces charges under the Bharatiya Nyaya Sanhita—Sections 196 (acts prejudicial to communal harmony), 299 (deliberate acts to outrage religious feelings), and 352 (intentional insult to provoke breach of peace)—along with Section 67-A of the IT Act, which relates to publishing sexually explicit material online.
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