The Madhya Pradesh High Court recently denied anticipatory bail to Indore-based cartoonist Hemant Malviya for allegedly drawing the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi in an “undignified” manner [Hemant Malviya vs The State Of Madhya Pradesh].

In an order passed on July 3, Justice Subodh Abhyankar observed that Malviya had misused the freedom of speech and ought to have used his discretion while drawing the caricature in question. 

He has clearly overstepped the threshold of freedom of speech and expression and does not appear to know his limits, the Court said, while calling for his custodial interrogation.

“In the considered opinion of this court, on the face of it, the conduct of the applicant in depicting the RSS, which is a Hindu organisation, along with the Prime Minister of this country in the aforesaid caricature, coupled with his endorsement of a rather demeaning remark, dragging unnecessarily the name of lord Shiva in the comments tagged to it, is nothing but the sheer misuse of the freedom of speech and expression as enshrined under Art.19(1)(a) of the Constitution, and falls under the definition of offence as contended by the complainant,” the single-judge said.

The Court added that the post “becomes more unsettling” when the “derogatory lines” involving Lord Shiva are also added to it.

It also noted that Malviya had encouraged other people to experiment with the caricature “which certainly cannot be said to be made in good taste or faith”.

“It is apparent that the applicant's aforesaid act is deliberate and malicious intended to outrage religious feelings of the complainant and the public at large by insulting its religion, which is prejudicial to the maintenance of harmony in the society,” the bench further said. 

Malviya was booked in May this year over the Facebook post that was deemed to be objectionable by a member of the RSS.

In the cartoon, a man wearing the RSS Khaki shorts was shown bending over with the dress pulled down and exposing his bottom to the caricature of the Prime Minister. Modi was shown with a stethoscope around his neck and holding an injection in his hand and administering it to the person bending over. 

The counsel representing Malviya argued before the Court that his work was satirical in nature. It was also submitted that Supreme Court’s guidelines against arbitrary arrests were not being followed in the case.

However, the State argued that in the name of freedom of expression, he cannot be allowed to draw a caricature which depicts the RSS and the Prime Minister in an offensive and degrading manner.

Considering the arguments, the Court said that Malviya had clearly demonstrated the propensity to commit the offence and to promote the same in future and thus was not eligible for the legal protections being prayed for by him. 

“Thus, against the applicant, who has clearly demonstrated his propensity to commit the said offence and to promote the same in future also, the provisions of s.41(1)(b)(i) and (ii) would be attracted in full force and he cannot take recourse of the benefit of the provisions of s.41A of Cr.P.C./s. 35 of BNSS and consequently, the benefit of the dictum in the case of Arnesh Kumar (supra) would also not be available to him.” 

It, therefore, dismissed his petition seeking anticipatory bail.

Advocate Rishabh Gupta represented the petitioner.

Advocate Amit Raval represented the State.

Advocate Govind Rai Purohit represented the complainant.

[Read Order]