New Delhi, September 2 (HS) : The Supreme Court on Tuesday granted anticipatory bail to cartoonist Hemant Malviya in the case related to the uploading of an allegedly objectionable cartoon on social media involving Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers. A bench headed by Justice Arvind Kumar allowed the Madhya Pradesh police the liberty to approach the court for cancellation of the bail if Malviya violates any conditions of the anticipatory bail.

The court observed that Hemant Malviya had uploaded an apology on his Facebook and Instagram pages. Malviya’s counsel informed the court that no summons had been issued to him so far. The Additional Solicitor General K.M. Nataraj, appearing for the Madhya Pradesh police, stated that summons would be issued once all evidence was collected.

Earlier, on August 19, the court had directed Malviya’s lawyer to ensure that the petitioner uploaded the apology on social media platforms. Malviya had challenged the Madhya Pradesh High Court’s order in the Supreme Court. The High Court had rejected his anticipatory bail petition on July 3, stating that the act was a gross misuse of the freedom of expression. During the hearing, Malviya’s lawyer Vrinda Grover submitted that the cartoon was from the year 2021, created during the COVID-19 pandemic. Grover also mentioned that the High Court dismissed the bail plea while stating that Supreme Court judgments in similar cases by Arnesh Kumar and Imran Pratapgarhi would not apply. The High Court criticized the cartoonist and noted that the Indian Penal Code prescribes a maximum sentence of three years for the offense in question.

The FIR against Malviya was lodged at the Lasudia Police Station in Indore by local RSS worker and lawyer Vinay Joshi. The FIR alleges that Malviya hurt Hindu sentiments and attempted to disrupt communal harmony.

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Hindusthan Samachar / Jun Sarkar