NEW DELHI: The Supreme Court on Monday said that the right to freedom of speech and expression was “being abused” while hearing the anticipatory bail plea of cartoonist Hemant Malviya , who has been booked over objectionable social media posts related to Prime Minister Narendra Modi and RSS workers.
"Why do you do all this?" a bench of Justices Sudhanshu Dhulia and Aravind Kumar asked Malviya’s counsel, Advocate Vrinda Grover, during the hearing.
Grover submitted that the cartoon in question was created in 2021 during the Covid-19 pandemic and 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.” He also agreed to have the post deleted.
Justice Dhulia remarked, “Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused.”
Additional Solicitor General K M Nataraj, representing the Madhya Pradesh government, told the court that such acts were repeatedly committed. When Grover said there should be some maturity in how the issue is handled, Nataraj responded, “It is not the question of maturity alone. It is something more.”
Grover further pointed out that there had been no law and order issue since the cartoon was published and questioned whether arrest and remand were necessary in such a case involving personal liberty.
The bench posted the matter for hearing on July 15. Grover requested interim protection for Malviya till the next hearing, to which the bench responded, “We will see this tomorrow.”
Malviya had approached the top court after the Madhya Pradesh High Court on July 3 rejected his anticipatory bail plea. He is facing charges under several sections of the Bharatiya Nyaya Sanhita, including Section 196 (acts prejudicial to maintenance of harmony), Section 299 (outraging religious feelings), Section 352 (intentional insult), and Section 67-A of the IT Act (publishing sexually explicit material online).
The case was filed based on a complaint by RSS worker and lawyer Vinay Joshi, who alleged that Malviya hurt Hindu religious sentiments and disturbed communal harmony through objectionable content posted on social media. The FIR refers to multiple posts, including a cartoon, comments on Lord Shiva, and material involving Modi and RSS members.
Malviya’s lawyer told the high court earlier that he had only posted a cartoon and could not be held liable for comments posted on it by other users.
"Why do you do all this?" a bench of Justices Sudhanshu Dhulia and Aravind Kumar asked Malviya’s counsel, Advocate Vrinda Grover, during the hearing.
Grover submitted that the cartoon in question was created in 2021 during the Covid-19 pandemic and 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.” He also agreed to have the post deleted.
Justice Dhulia remarked, “Whatever we may do with this case, but this is definitely the case that the freedom of speech and expression is being abused.”
Additional Solicitor General K M Nataraj, representing the Madhya Pradesh government, told the court that such acts were repeatedly committed. When Grover said there should be some maturity in how the issue is handled, Nataraj responded, “It is not the question of maturity alone. It is something more.”
Grover further pointed out that there had been no law and order issue since the cartoon was published and questioned whether arrest and remand were necessary in such a case involving personal liberty.
The bench posted the matter for hearing on July 15. Grover requested interim protection for Malviya till the next hearing, to which the bench responded, “We will see this tomorrow.”
Malviya had approached the top court after the Madhya Pradesh High Court on July 3 rejected his anticipatory bail plea. He is facing charges under several sections of the Bharatiya Nyaya Sanhita, including Section 196 (acts prejudicial to maintenance of harmony), Section 299 (outraging religious feelings), Section 352 (intentional insult), and Section 67-A of the IT Act (publishing sexually explicit material online).
The case was filed based on a complaint by RSS worker and lawyer Vinay Joshi, who alleged that Malviya hurt Hindu religious sentiments and disturbed communal harmony through objectionable content posted on social media. The FIR refers to multiple posts, including a cartoon, comments on Lord Shiva, and material involving Modi and RSS members.
Malviya’s lawyer told the high court earlier that he had only posted a cartoon and could not be held liable for comments posted on it by other users.
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