The Supreme Court on Monday remarked that the right to freedom of speech and expression was being "abused" while hearing a plea filed by cartoonist Hemant Malviya. Malviya has been accused of sharing allegedly objectionable cartoons featuring Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers on social media platforms.
Bench questions intent behind posts
During the hearing, a bench comprising Justices Sudhanshu Dhulia and Aravind Kumar questioned the intent behind such posts. "Why do you do all this?" the bench asked Malviya's counsel, signalling concern over the nature of the content shared online. The top court also emphasised the need for a sense of fraternity among citizens as it deliberates on laying down guidelines related to the right to freedom of speech and expression. Clarifying its stance, the Court stated that it is not advocating for censorship, but rather encouraging individuals to practise self-restraint and responsible regulation in their expressions.
Cartoon dates back to 2021 pandemic
Advocate Vrinda Grover, appearing for the cartoonist, argued that the case stemmed from a cartoon drawn back in 2021, during the peak of the COVID-19 pandemic. She submitted a plea for anticipatory bail on behalf of Malviya, highlighting the context and timing of the cartoon in question.
"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. 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.
State argues for stronger accountability
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. Grover requested the bench to grant interim protection the petitioner till then. "We will see this tomorrow," the bench said.
FIR cites communal harmony concerns
Malviya is challenging a Madhya Pradesh High Court order passed on July 3 refusing to grant him anticipatory bail. Malviya was booked by the Lasudiya police station in Indore in May on a complaint filed by a lawyer and Rashtriya Swayamsevak Sangh worker Vinay Joshi. Malviya hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media, Joshi alleged. 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.
(With inputs from PTI)
