The Supreme Court on Monday said the right of freedom of speech and expression was being “abused” while hearing the plea of a cartoonist accused of sharing objectionable cartoons of Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh workers on social media.
Questioning the reason for sharing the cartoons, a bench of justices Sudhanshu Dhulia and Aravind Kumar said, “Look at these cartoonists and stand-up comedians, what they do… Particularly these youngsters have come up. They have no maturity. In this case, he is an adult of about 50 years, which is much worse.”
Referring to the current case of cartoonist Hemant Malviya, who sought anticipatory bail in the matter, the court said, “It (the post) is certainly in bad taste. You cannot do this.”
Malviya, in 2021, shared a post on Facebook seeking to make fun of the vaccination drive during the Covid-19 pandemic.
Malviya’s counsel, advocate Vrinda Grover, said, “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,” and agreed to delete the 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 observed.
Additional solicitor general KM 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.”
Referring to the time of the cartoon’s inception, Grover said there had been no law and order problem since then.
She said the issue was of personal liberty and whether this would require arrest and remand.
The bench posted the matter on July 15.
Malviya moved the top court against a Madhya Pradesh high court order of July 3 which refused to grant him anticipatory bail.
Malviya was booked by Lasudiya police station in Indore in May on a complaint filed by lawyer and RSS worker Vinay Joshi, who alleged that the former hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media.
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 before the high court contended that he only posted a cartoon, but he could not be held responsible for the comments posted on it by other Facebook users.
The FIR accused him of posting indecent and objectionable material with the intention of hurting religious sentiments of Hindus and tarnishing the RSS’s image.
The police invoked Bharatiya Nyaya Sanhita Sections 196 (acts prejudicial to maintenance of harmony between different communities), 299 (deliberate and malicious acts intended to outrage religious feelings) and 352 (intentional insult with intent to provoke breach of the peace) as well as section 67-A (publishing or transmitting in electronic form any sexually explicit material) of the Information Technology Act against the accused.