The Madhya Pradesh High Court, in a strong observation on freedom of expression, dismissed the anticipatory bail plea of cartoonist Hemant Malviya who is accused of posting a controversial caricature on Facebook. The artwork allegedly portrayed Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh (RSS) in a derogatory and offensive manner, leading to criminal charges.
According to the complaint, Malviya’s caricature displayed the RSS in human form, dressed in its traditional khaki uniform, bending over with exposed buttocks. The caricature of Prime Minister Modi was depicted administering an injection with a stethoscope around his neck. This visual was accompanied by comments referencing Lord Shiva and containing derogatory lines, which the applicant also endorsed.
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“The conduct of the applicant... is nothing but the sheer misuse of the freedom of speech and expression as enshrined under Article 19(1)(a) of the Constitution,”
— Justice Subodh Abhyankar, Madhya Pradesh High Court
Malviya was booked under various sections of the Bhartiya Nyay Sanhita, 2023 (BNS) including Sections 196, 299, 302, 352, 353(3), and Section 67A of the IT Act, 2000. The case was registered at Lasudiya Police Station in Indore.
During the hearing, Malviya’s counsel, Advocate Rishabh Gupta, argued that the caricature was part of a satirical expression and posted publicly on Facebook. He emphasized that the applicant should not be held liable for comments made by others on the post and cited several judgments including Arnesh Kumar vs. State of Bihar (2014) to argue for bail. References were also made to Mammen Varghese v. State of Kerala and Imran Pratapgadi v. State of Gujarat, where courts provided relief in similar artistic expression cases.
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However, the Court rejected these comparisons, clarifying that in those matters, the controversial content lacked religious connotation and the applicants were not the authors. In contrast, in Malviya’s case, he was both the creator and promoter of the offensive material.
“The applicant’s act is deliberate and malicious, intended to outrage religious feelings of the complainant and the public at large… prejudicial to the maintenance of harmony in the society,”
— Justice Subodh Abhyankar observed
The State, represented by Government Advocate Amit Raval, strongly opposed the bail, stating that Malviya habitually created such provocative content and had posted multiple similar caricatures on social media, disturbing social harmony.
The objector’s counsel also highlighted that such illustrations degrade the RSS and the Prime Minister, and cannot be excused under the banner of free speech.
“In the name of freedom of expression, the applicant cannot be allowed to draw caricatures that offend religious sentiments,”
— Objector’s Counsel to the Court
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In its final remarks, the Court firmly rejected the argument that Malviya’s caricature could be compared to works by famous cartoonist R.K. Laxman or others. It emphasized that no such caricature similar to Malviya’s in tone or content had been cited or presented.
Justice Abhyankar further stated that Malviya had clearly crossed the line of free expression and showed a propensity to repeat such actions. Therefore, the protections provided under Section 41A of CrPC or the Arnesh Kumar judgment would not apply.
“The applicant has clearly overstepped the threshold of freedom of speech and expression and does not appear to know his limits,”
— Madhya Pradesh High Court
Concluding the hearing, the Court ruled that custodial interrogation was necessary given the seriousness of the allegations and dismissed Malviya’s anticipatory bail plea.
Case Title: Hemant Malviya vs. The State of Madhya Pradesh