In a significant judgment on August 19, 2025, the Supreme Court directed cartoonist Hemant Malviya—who is accused of posting a caricature allegedly disparaging the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi—to publish his apology in both Hindi and English on all his social media accounts within one week. The Bench of Justice Aravind Kumar and Justice N.V. Anjaria emphasized that while anticipatory bail protections remain in force, Malviya must not delete the contested caricature pending a complete investigation.
Key Directions and Undertakings
- Apology
Publication: Malviya is to upload his apology
on Facebook, Instagram, and any other platforms he uses, within seven days
of the order.
- Deletion
Bar: The Court expressly ruled that the caricature
must remain intact as evidence until the investigation concludes.
- Cooperation
with Investigation: The State of Madhya Pradesh,
represented by ASG K.M. Natraj, secured an assurance that Malviya will
continue to cooperate fully with authorities.
Background of Proceedings
In July, the Court granted Malviya anticipatory bail
after he, through his counsel Advocate Vrinda Grover, tendered an apology and
agreed to delete the posts in question. At that hearing, Grover informed the
Bench that:
- An apology
had been filed and served in both Hindi and English.
- Malviya
would delete the caricature from all his social media accounts.
- No summons
had been issued for his arrest, as no tangible evidence had yet been
recovered.
However, during today’s hearing, the Bench clarified
that destruction of the contentious post would impede an ongoing probe,
stating, “The fact that investigation is ongoing, the deletion of the relevant
piece of evidence is not permitted at this stage.”
State’s Position
The Madhya Pradesh government strongly opposed
Malviya’s prior request for bail relief, arguing repeated instances of such
posts were undermining social harmony. ASG Natraj remarked during the July
hearing: “This is how social harmony is being disrupted… if something happens
it will come on our head… they want to write an apology now…”
Judicial Views on Freedom of Expression
Justice Sudhanshu Dhulia, appearing for a separate
Supreme Court bench that heard related submissions, condemned the caricature as
an abuse of the fundamental right to freedom of speech and expression,
specifically calling out “cartoonists and stand-up comedians” who cross
permissible limits.
High Court Observations
Earlier, the Madhya Pradesh High Court had denied
anticipatory bail, holding that Malviya overstepped the threshold of free
expression. Justice Subodh Abhyankar’s order detailed the caricature:
An RSS figure in its khaki-and-white
uniform is shown bent over, exposing his buttocks, while the Prime Minister
caricature, wearing a stethoscope, administers an injection. Derogatory lines
referencing Lord Shiva compounded the insult, intentionally outraging religious
feelings and threatening societal harmony.
The High Court also rejected comparisons to the work
of iconic cartoonist R.K. Laxman, noting no precedent for similar content by
respected peers. Concluding that custodial interrogation was warranted, it held
that Malviya “clearly overstepped the threshold of freedom of speech and
expression, and does not appear to know his limits.”
Charges and Next Steps
Hemant Malviya faces charges under:
- Section
196, 299, 302, 352, 353(3) of the Bharatiya Nyaya Sanhita, 2023
- Section
67-A of the Information Technology Act, 2000
The Supreme Court’s protections remain until the
next hearing, at which the progress of the investigation and compliance with
the apology directive will be reviewed.
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