The Supreme Court on Monday said the right of
freedom of speech and expression was being "abused" while hearing the
plea of a cartoonist accused of sharing alleged objectionable cartoons of Prime
Minister Narendra Modi and RSS workers on social media.
"Why do you do all this?" a bench of
Justices Sudhanshu Dhulia and Aravind Kumar asked the counsel of cartoonist
Hemant Malviya, who sought anticipatory bail in the matter.
Advocate Vrinda Grover, representing Malviya, said
the matter was over a cartoon made in 2021 during the Covid-19 pandemic.
"It may be unpalatable. Let me say it is in
poor taste. Let me go to that extent. But is it an offence? My lords have said,
it can be offensive but it is not an offence. I am simply on law. I am not
trying to justify anything," she said.
"Whatever we may do with this case, but this is
definitely the case that the freedom of speech and expression is being
abused," Justice Dhulia observed.
Additional solicitor general K M Nataraj, appearing
for Madhya Pradesh, said such "things" were repeatedly done.
When Grover said there should be some maturity,
Nataraj said, "It is not the question of maturity alone. It is something
more." Referring to the time of the cartoon's inception, Grover said
there had been no law and order problem since then.
She said the issue was of personal liberty and
whether this would require arrest and remand.
The bench posted the matter on July 15.
Grover requested the bench to grant interim
protection the petitioner till then.
"We will see this tomorrow," the bench
said.
Malviya is challenging a Madhya Pradesh High Court
order passed on July 3 refusing to grant him anticipatory bail.
Malviya was booked by Lasudiya police station in
Indore in May on a complaint filed by lawyer and Rashtriya Swayamsevak Sangh
worker Vinay Joshi.
Malviya hurt the religious sentiments of Hindus and
disturbed communal harmony by uploading objectionable material on social media,
Joshi alleged.
The FIR mentioned various "objectionable"
posts, including allegedly inappropriate comments on Lord Shiva as well as
cartoons, videos, photographs and comments regarding Modi, RSS workers and
others.
Malviya's lawyer before the high court contended
that he only posted a cartoon, but he could not be held responsible for the
comments posted on it by other Facebook users.
The FIR accused him of posting indecent and
objectionable material with the intention of hurting religious sentiments of
Hindus and tarnishing the RSS's image.
The police invoked Bharatiya Nyaya Sanhita Sections
196 (acts prejudicial to maintenance of harmony between different communities),
299 (deliberate and malicious acts intended to outrage religious feelings) and
352 (intentional insult with intent to provoke breach of the peace) as well as
section 67-A (publishing or transmitting in electronic form any sexually
explicit material) of the Information Technology Act against the accused.