SC grants interim protection to cartoonist after his apology over derogatory posts about PM Modi
A bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar directed that the matter be listed after August 15 for further hearing.
The interim order was passed after Malviya submitted an apology.
The Court directed Malviya to file the apology in Hindi in the form of an affidavit and asked parties to complete pleadings before the next date.
Malviya has challenged a Madhya Pradesh High Court order denying him anticipatory bail in the case. The cartoon in question, originally made in 2021 about the efficacy of Covid vaccines, was re-shared in May 2025 with objectionable comments regarding the Government's decision to hold a caste census. Malviya endorsed the post, leading to an FIR against him.
Yesterday, after the bench expressed disapproval of his conduct, Malviya's counsel, Advocate Vrinda Grover, told the Court that he would delete the post and clarify that he did not endorse the comments.
Today, Grover informed the Court that Malviya was also offering an apology in addition to deleting the post and sought permission to file it in Hindi.
Additional Solicitor General KM Nataraj, appearing for the State, submitted screenshots of other allegedly objectionable posts made by Malviya.
Grover objected, stating the posts were unrelated to the current FIR, arguing, 'Can he not say something just because there is an FIR against him? Has he lost that liberty?'
ASG Nataraj submitted that Malviya's conduct constituted an offence and did not deserve indulgence.
Justice Dhulia observed that some of the posts were 'very very offensive' and remarked on the language being used on social media, stating, 'There are some among the lawyer community also doing this.'
The Court directed the respondents to file an affidavit placing the posts on record and asked Malviya to respond.
Grover sought permission to delete the posts, to which ASG Nataraj said that copies must be furnished for investigation.
Justice Dhulia recorded the petitioner's intention to delete the posts but did not pass an order to that effect.
Malviya's plea contends that the FIR was filed to punish him for exercising his freedom of speech and that no offence is disclosed.
The cartoon, published on January 6, 2021, was described as a satirical comment on a public figure's statement likening vaccines to water.
The FIR, filed on May 21, 2025, by a person claiming to be from the RSS and Hindu community, alleged that the cartoon insulted the RSS, incited violence, and hurt religious sentiments.
Malviya's anticipatory bail was rejected by the Additional Sessions Judge, Indore, and subsequently by the Madhya Pradesh High Court on July 3, 2025.
The High Court observed that the cartoon crossed the limits of free speech, depicting a figure representing the RSS being injected by a caricature of Prime Minister Modi, and included derogatory references to Lord Shiva.
It held that Malviya's act was 'deliberate and malicious,' intended to provoke religious sentiments, and said custodial interrogation was necessary.
In his petition before the Supreme Court, Malviya argued that the case pertains to artistic expression and reposting of public content, which does not warrant custodial interrogation, and alleged that the FIR was being misused to penalise dissent.
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