'Objectionable' posts on PM, RSS: SC allows cartoonist to publish apology on social media platforms

New Delhi: The Supreme Court on Tuesday (August 19) allowed Indore-based cartoonist Hemant Malviya to publish an apology across all social media platforms, including Facebook and Instagram, over alleged objectionable social media posts on Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria, hearing Malviya’s plea seeking anticipatory bail in the case registered by the Madhya Pradesh police, also extended protection from arrest to the cartoonist till the next date of hearing.

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Advocate Vrinda Grover, appearing for Malviya, made a statement before the bench that the cartoonist would publish an apology on social media platforms, including Facebook and Instagram, for the said alleged offensive posts on social media.

"The apology as per the earlier order has already been placed. I am making an additional statement that it (objectionable contents) will be deleted from all social media platforms even though the case pertains to the Facebook post. I will publish the apology on my social media account as well," advocate Vrinda Grover, appearing for Malviya, told the bench.

Additional Solicitor General (ASG) KM Nataraj, appearing for Madhya Pradesh, said that the posts should not be deleted as the matter is under investigation. He further said that the cartoonist may publish an apology on social media platforms and must cooperate with the investigation.

The bench said that the deletion of the post cannot be permitted while the matter is under investigation and directed Malviya to publish the apology within 10 days.

“Our attention has been drawn to an affidavit dated August 16 where under the petitioner has tendered a whole hearted apology which we hope and trust is not from the pen but from the heart,” the bench said while directing Malviya to publish the apology within 10 days.

The apex court, which earlier granted protection to Malviya, had made it clear that the State was free to take action against him, if he continued to share offensive posts on social media. It earlier rebuked the cartoonist for his for his objectionable posts, saying the right of freedom of speech and expression was being abused.

Malviya moved the top court against the Madhya Pradesh High Court refusing to grant him anticipatory bail, observing it was gross misuse of freedom of speech and that it was a deliberate and malicious attempt by the accused person to outrage religious feelings.

A case was registered against Malviya on a complaint lodged by an Indore-based lawyer and RSS worker, Vinay Joshi, accusing the cartoonist of posting indecent and objectionable material on social media with the intention of hurting religious sentiments of Hindus and tarnishing the image of the RSS.