Cartoonist Seeks Anticipatory Bail Over 'Objectionable' Posts Targeting PM Modi, RSS

New Delhi: Indore-based cartoonist Hemant Malviya has escalated his fight for anticipatory bail to the Supreme Court after the Madhya Pradesh High Court declined his plea. Malviya faces accusations of uploading "objectionable" cartoons of Prime Minister Narendra Modi and RSS workers on various social media platforms. A Supreme Court bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi has agreed to hear his petition on July 14, 2025.

The case stems from a complaint filed in May by Vinay Joshi, a local lawyer and Rashtriya Swayamsevak Sangh worker, at the Lasudiya police station in Indore. The complaint alleges that Malviya "hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media." This material reportedly includes inappropriate comments concerning Lord Shiva, as well as cartoons, videos, and photographs depicting PM Modi and RSS workers.

The Madhya Pradesh High Court, in its refusal to grant bail, characterized Malviya's actions as a "gross misuse of freedom of speech." The court noted that his conduct, particularly the inclusion of Lord Shiva's name in his comments, was not in good taste or faith and constituted a "deliberate and malicious attempt to outrage religious feelings." The High Court also indicated the necessity of custodial interrogation in the matter.

Malviya's legal representative before the High Court contended that the cartoonist only posted a single cartoon and should not be held accountable for comments made by other Facebook users.

However, the First Information Report (FIR) registered against him includes sections from the Bharatiya Nyaya Sanhita (BNS) such as

• Section 196 (acts prejudicial to maintenance of harmony between different communities),
• Section 299 (deliberate and malicious acts intended to outrage religious feelings), and
• Section 352 (intentional insult with intent to provoke breach of the peace). Additionally,
• Section 67-A (publishing or transmitting in electronic form any sexually explicit material) of the Information Technology Act has been invoked.

The specific cartoon mentioned as a point of contention was created in 2021 during the COVID-19 pandemic.