Cartoonist Hemant Malviya moves Supreme Court after MP High Court denies relief for caricature on PM, RSS

Indore-based cartoonist Hemant Malviya has moved the Supreme Court for anticipatory bail in a case accusing him of drawing the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi in an “undignified” manner [Hemant Malviya vs The State Of Madhya Pradesh].

The plea was today mentioned by advocate Vrinda Grover before the bench of Justices Sudhanshu Dhulia and Joymalya Bagchi, which agreed to list it on July 14. Earlier, the Madhya Pradesh High Court had denied anticipatory bail to Malviya.

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 uniform is shown bending over with his shorts pulled down and exposing his bottom to the caricature of the Prime Minister. Modi was shown with a stethoscope around his neck, holding an injection in his hand and administering it to the person bending over.

In an order passed on July 3, Justice Subodh Abhyankar of the High Court 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 High 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 High 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”.

In the plea before the top court, Malviya has clarified that he had published the original cartoon during the peak of the COVID-19 pandemic when social media was rife with misinformation and fear related to the safety and efficacy of the vaccines.

"His cartoon is a satirical caricature work which offers social commentary on the comments made by a public figure regarding some vaccines being effective and “safe like water”, while in the same breath admitting that their efficacy remains untested through rigorous clinical trials," it states.

The plea adds that a social media user on May 01 this year had posted the cartoon with his comment stating "through implication that caste census is merely a tool to distract the public from issues like Waqf and Pahalgam".

"The Petitioner after being made aware of the use of his earlier cartoon shared the same to demonstrate that his cartoons are open and free to be used by the public with their name and any personal opinions and socio-political comments they would like to post. He also highlighted that his cartoons are meant for public good and devoted to the public, who are the ultimate custodians of his work and therefore can use them as their own. Further the Petitioner has acknowledged the commentary and critique of someone else, without offering his own comments on the issue," Malviya has told the top court. 

On denial of relief by the High Court, Malviya has alleged that the order condemns him by denying him the anticipatory bail "in a manner that makes the need for custodial interrogation and remand seem almost punitive, and not based on cogent investigative needs or purpose."