SC Saves Cartoonist from Arrest Over PM Modi, RSS Cartoons

The Supreme Court on Tuesday granted anticipatory bail to cartoonist Hemant Malviya, accused of sharing “objectionable” cartoons targeting Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers on social media. The decision, delivered by a bench of Justices Aravind Kumar and N.V. Anjaria, comes after Malviya issued public apologies on his Facebook and Instagram accounts, expressing regret for the controversial posts.

The case stems from a complaint filed by Vinay Joshi, a lawyer and RSS member, in Indore, Madhya Pradesh, in May 2025. Joshi alleged that Malviya’s posts, which included cartoons, videos, and comments about Modi, RSS workers, and Lord Shiva, hurt Hindu religious sentiments and aimed to disturb communal harmony. The Indore police booked Malviya under sections of the Bharatiya Nyaya Sanhita (BNS) for promoting enmity, outraging religious feelings, and intentional insult, as well as under the Information Technology Act for sharing sexually explicit material.

During the hearing, Malviya’s counsel, Vrinda Grover, informed the court that the cartoonist had not been summoned by the police and had already apologized for his actions. Additional Solicitor General K.M. Nataraj, representing the police, noted that summoning would occur once evidence collection was complete and cautioned that deleting the posts could hinder the investigation. The bench, acknowledging Malviya’s affidavit expressing “wholehearted” regret, expressed hope that his apology was genuine, stating, “It should not only be from the pen but also from the heart.” The court granted the police liberty to seek cancellation of bail if Malviya fails to cooperate with the probe.

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The Supreme Court’s ruling builds on its July 15, 2025, order, where Justices Kumar and Sudhanshu Dhulia granted Malviya interim protection from coercive action. Tuesday’s decision made that protection absolute, overturning a Madhya Pradesh High Court order from July 3 that had denied him anticipatory bail. The top court also voiced broader concerns about the rising tide of objectionable social media content, emphasizing the need for judicial measures to address such issues while balancing free expression.

Malviya’s legal team argued that he was responsible only for posting a cartoon and not for comments made by others on his posts. The case has sparked debates over freedom of speech, artistic expression, and the boundaries of religious sensitivity in India. Critics of the FIR argue that the charges reflect a growing intolerance for satire, while supporters of the complaint contend that such content risks inflaming communal tensions.

As Malviya walks free for now, the Supreme Court’s decision underscores the delicate balance between protecting individual rights and maintaining social harmony. The case also highlights the judiciary’s role in navigating the challenges posed by social media in an increasingly polarized digital landscape.

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