The Supreme Court of India on July 15 granted interim anticipatory bail to Indore-based cartoonist Hemant Malviya. He was booked for sharing a cartoon on Facebook that allegedly contained derogatory remarks about Prime Minister Narendra Modi and the RSS. The matter will now be heard after August 15, 2025.
The Supreme Court’s decision came after Malviya submitted an apology through his counsel, Advocate Vrinda Grover. The Court directed that the apology be filed in Hindi through an affidavit. It also instructed all parties to complete their pleadings before the next hearing.
“In addition to deletion, my lords had sought something. I think this will satisfy the court,” Advocate Vrinda Grover submitted while seeking permission to file the apology in Hindi.
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A bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar was hearing Malviya’s special leave petition (SLP(Crl) No. 9906/2025) challenging a Madhya Pradesh High Court order that had denied him anticipatory bail.
The controversy surrounds a cartoon Malviya created in 2021, which questioned the effectiveness of COVID-19 vaccines. In May 2025, another Facebook user reposted the cartoon with controversial commentary about the government’s caste census decision. Malviya re-shared that post, which led to an FIR.
“There is no date. The person can have a critical opinion about things, it does not constitute an offence,” argued Advocate Grover, objecting to new social media posts presented by the State’s counsel.
Appearing for the State, Additional Solicitor General KM Nataraj submitted screenshots of Malviya’s other allegedly offensive posts. He insisted that Malviya’s conduct amounted to an offence and he should not be given any leniency.
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“The manner he has done is clearly an offence... He does not deserve any indulgence,” ASG Nataraj told the court.
Justice Dhulia expressed concern over the tone of public discourse, stating:
“What is happening today, this is all kinds of statements are being made. The language they use. There are some among the lawyer community also doing this.”
While Advocate Grover offered to delete the controversial posts, the Court clarified that no formal order had been issued to that effect. However, the Court did record her submission. ASG Nataraj demanded that copies of the deleted posts be preserved for investigation.
The Court directed both sides to file their respective affidavits and responses in the case.
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Background of the Case:
Malviya’s anticipatory bail plea was earlier rejected by the Indore Additional Sessions Judge on May 24, 2025, and subsequently by the Madhya Pradesh High Court on July 3, 2025.
The High Court had held that Malviya crossed the limits of free speech, noting the cartoon’s content showed a figure resembling the RSS in a compromising position being injected by a caricature of Prime Minister Modi. The High Court said the cartoon included “derogatory lines involving Lord Shiva” and that Malviya had deliberately circulated such material.
It concluded that his act was “malicious” and intended to provoke religious sentiments, justifying custodial interrogation.
The FIR, registered on May 21, 2025, invokes Sections 196, 299, 302, 352, and 353(2) of the Bharatiya Nyaya Sanhita (BNSS) and Section 67A of the Information Technology Act, 2000. A complainant claiming to be from the RSS and Hindu community alleged the cartoon hurt religious sentiments and incited violence.
Malviya’s Supreme Court petition contends that the FIR is politically motivated and a tool to penalize artistic expression. It argues that reposting previously published material doesn’t justify custodial interrogation and that the charges do not warrant imprisonment beyond seven years.
Case no. – SLP(Crl) No. 9906/2025
Case Title – Hemant Malviya v. State of Madhya Pradesh