The Supreme Court on Monday described as “inflammatory” a social media post shared by Madhya Pradesh-based cartoonist Hemant Malviya about Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers, and asked him whether he was willing to take it down.
Malviya, who has approached the apex court challenging a Madhya Pradesh High Court order denying him anticipatory bail, told a bench of Justices Sudhanshu Dhulia and Aravind Kumar that he was prepared to delete the post.
Malviya was booked following a complaint lodged by Vijay Joshi, who alleged that the cartoonist’s Facebook profile carried images, videos and comments that were deliberately posted to incite hatred against the RSS.
Joshi also claimed the posts contained objectionable, offensive and derogatory cartoons targeting Prime Minister Modi and RSS volunteers, along with remarks on Lord Shiva that he alleged were offensive to religious sentiments.
The complaint further claimed that Malviya’s posts were a deliberate attempt to “incite conflict between communities, defame and provoke the world’s largest organisation, the RSS,” to instigate its workers and society to “riot, take the law into their own hands, engage in violence and disrupt public order”.
The cartoon in question, originally from 2021, posed questions about the efficacy of COVID-19 vaccines. It resurfaced in May this year when another Facebook user reused it along with comments related to the government’s decision to conduct a caste census. Malviya reshared the post and endorsed the comments.
Malviya faces charges under sections 196 (promoting enmity between different groups), 299 (deliberate and malicious acts intended to outrage religious feelings), 302 (uttering words with deliberate intent to wound religious feelings), 352 (intentional insult with intent to provoke breach of peace) and 353(2) (statements conducive to public mischief) of the Bharatiya Nyaya Sanhita, in addition to section 67A of the Information Technology Act, which deals with publishing or transmitting material containing sexually explicit content in electronic form.
During the hearing, Malviya’s counsel, Advocate Vrinda Grover, submitted that the cartoon had originally been created in 2021 and referred to claims that certain vaccines were “as safe as water”.
She argued there had been no law and order issues due to the cartoon since its publication and that it was revived by another user online, adding, “The words are not mine, only the visual is mine.”
“The comedians, cartoonists, etc., look at their conduct…,” Justice Dhulia observed, questioning whether Malviya was willing to remove the post. Grover replied that her client, who is over 50 years old, agreed to do so.
Justice Dhulia then remarked, “Still no maturity. We agree that it is inflammatory.”
Additional Solicitor-General K M Nataraj, appearing for the Madhya Pradesh government, opposed Malviya’s plea for bail, arguing that the post was indeed inflammatory and had the potential to cause social disharmony and disturb law and order. “All over the country, such things are happening and they are triggering,” he said.
The bench posted the matter for further hearing on Tuesday.
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