PM, RSS cartoons: SC says freedom of speech abused; hearing to resume today
“Why do you do all this?” Bench asks counsel of Hemant Malviya; says it’s “definitely the case that the freedom of speech and expression is being abused”
The right of freedom of speech and expression was being “abused”, the Supreme Court held on Monday (July 14) while hearing the plea of a cartoonist accused of sharing objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media.
“Why do you do all this?” a Bench of Justices Sudhanshu Dhulia and Aravind Kumar asked the counsel of cartoonist Hemant Malviya, who sought anticipatory bail in the matter. The hearing is scheduled to resume today (July 15).
Offensive, not offence: Lawyer
Advocate Vrinda Grover, representing Malviya, argued that the cartoon, made in 2021 during the Covid-19 pandemic, may have been offensive but it could not be held as an offence.
“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,” she said.
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Grover agreed to delete the post made by Malviya.
“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.
Cartoonist seeks interim protection
Additional solicitor general KM Nataraj, appearing for Madhya Pradesh, said such “things” were done repeatedly.
When Grover said there should be some maturity, Nataraj said, “It is not a 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. Grover requested the bench to grant interim protection to the petitioner till then.
“We will see this tomorrow,” the bench said.
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Case so far
Malviya is challenging a Madhya Pradesh High Court order passed on July 3 refusing to grant him anticipatory bail.
He was booked by Lasudiya police station in Indore in May on a complaint filed by lawyer and Rashtriya Swayamsevak Sangh worker Vinay Joshi, who alleged that he hurt the religious sentiments of Hindus and disturbed communal harmony by uploading the content.
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. It accused him of intentionally hurting religious sentiments of Hindus and tarnishing the RSS’s image.
Charges against cartoonist
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.
Also read: Lift ban on Vikatan website if it removes Modi-Trump cartoon: Madras HC tells Centre
Malviya’s lawyer contended before the high court that he only posted a cartoon, but he could not be held responsible for the comments posted below it by other Facebook users.
(With agency inputs)