'Undignified' caricature of RSS, PM Narendra Modi: Cartoonist Hemant Malviya moves Supreme Court

Cartoonist Hemant Malviya, accused of drawing a caricature showing the Rashtriya Swayam Sewak (RSS) and Prime Minister Shri Narendra Modi in an undignified manner, has approached the Supreme Court of India seeking relief.

The Madhya Pradesh High Court had recently denied anticipatory bail to Malviya noting that the cartoonist overstepped the threshold of freedom of speech and expression and did not appear to know his limits.

Advocate Vrinda Grover mentioned Malviya's plea today before a partial working days bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi which has agreed to hear the case on July 14.

Malviya has been booked for offences punishable under Section 196, 299, 302, 352, 353(3) of Bhartiya Nyay Sanhita, 2023 and Section 67-A of the I.T. Act, 2000.

Justice Subodh Abhyankar of the high court had noted in his order that the applicant cartoonist's Facebook page, showed RSS in a human form with its Khaki shorts with a black belt and white shirt, which is the uniform of RSS.

"This man is bending over with his shorts pulled down and exposing his bottom to the caricature of the Prime Minister, who is shown with a stethoscope around his neck and who is also holding an injection in his hand, which he is administering on the bottom of the person bending over i.e. RSS.", high court further noted.

"...the post becomes more unsettling when the aforesaid derogatory lines involving Lord Shiva are also added to it, and which have also been favourably endorsed by the applicant himself who is also encouraging other people to experiment with the said caricature, which certainly cannot be said to be made in good taste or faith. It is apparent that the applicant's aforesaid act is deliberate and malicious intended to outrage religious feelings of the complainant and the public at large by insulting its religion, which is prejudicial to the maintenance of harmony in the society...", the order further noted.

Court also refused the applicants' plea to draw a comparison of his work with the work that of RK Laxman the noted cartoonist of his era, and the other cartoonists also, as no such caricature drawn by RK Laxman or any other noted cartoonist had been brought before court which may be said to be similar or close enough to the caricature drawn by applicant.

Thus, while holding that the custodial interrogation of the applicant would be necessary, the high court said, "...the applicant ought to have used his discretion while drawing the aforesaid caricature, and he has clearly overstepped the threshold of freedom of speech and expression, and does not appear to know his limits.".