SC grants protection to cartoonist over 'objectionable' cartoons on PM, RSS

The Supreme Court on Tuesday, 15 July, granted protection from coercive action to a cartoonist accused of sharing alleged objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media.

A Bench of Justices Sudhanshu Dhulia and Aravind Kumar, however, cautioned that if he continued to share offensive posts on social media, the state was free to take action against him under law.

"We will have to do something about it," the Bench said as it mulled passing orders on abusive social media posts.

Miffed over the alleged abusive online posts, it added, "Log kisi ko bhi, kuch bhi keh dete hain (People say anything to anyone)."

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

He was booked by Lasudiya police station in Indore in May on a complaint filed by lawyer and RSS worker Vinay Joshi who alleged that Malviya had hurt religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media.

Advocate Vrinda Grover, representing Malviya, argued on July 14 that the issue related a cartoon made in 2021 during the Covid-19 pandemic.

"It may be unpalatable. Let me say it is in poor taste. Let me go to that extent. But is it an offence? My lords have said, it can be offensive but it is not an offence. I am simply on law. I am not trying to justify anything," she said while agreeing to delete the alleged offensive post.

"Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused," Justice Dhulia then observed.

Additional solicitor general K M Nataraj, appearing for Madhya Pradesh, said such "things" were repeatedly done.

When Grover said there should be some maturity, Nataraj said, "It is not the question of maturity alone. It is something more."

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.

Malviya's lawyer in the high court contended that he only posted a cartoon, and could not be held responsible for comments posted by other Facebook users.