Bhopal (Madhya Pradesh): The Madhya Pradesh High Court has rejected the request for anticipatory bail made by Indore-based cartoonist Hemant Malviya.
He was booked in May this year for sharing a cartoon on Facebook that allegedly showed the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi in a disrespectful manner.
According to information, the order was passed on July 3 by Justice Subodh Abhyankar, who said that Malviya had crossed the line of free speech. The judge noted that the cartoon and the remarks added to it also brought Lord Shiva into the post in a disrespectful way.
The court said this was not only offensive but also likely to hurt religious feelings and disturb social harmony.
The cartoon showed a man in RSS-style shorts bending over with his bottom exposed, while a caricature of Prime Minister Modi stood behind him with a stethoscope and injection in hand. The post was seen as mocking both the RSS and the Prime Minister, and a member of the RSS filed a complaint.
The court observed that Malviya’s act seemed deliberate and meant to provoke. It also said he had encouraged others to use the same cartoon in their posts, showing he intended to spread the message further.
Malviya’s lawyer argued that the cartoon was satirical and that the rules laid down by the Supreme Court against unnecessary arrests were not being followed. But the State opposed the bail, saying freedom of expression cannot be used to insult national leaders or religious beliefs.
After hearing both sides, the court said Malviya showed a tendency to repeat such actions and could not be given legal protection. It also said that the legal guidelines that protect people from arrest in some cases would not apply here due to the nature of the post.
As a result, the court dismissed Malviya’s plea for anticipatory bail and allowed further legal action.
