'Hadd hai!' SC raps cartoonist over objectionable posts on Modi
What's the story
The Supreme Court on Tuesday came down heavily on cartoonist Hemant Malviya while granting protection from coercive action against him for allegedly sharing objectionable cartoons of Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) workers. The bench, comprising Justices Sudhanshu Dhulia and Aravind Kumar, however, cautioned Malviya against continuing to post offensive content online. If he continues, the state is free to take action against him under law, the bench said.
Remark
'We will have to do something about it'
Speaking in Hindi, Justice Dhulia told Malviya, "Hadd hai! Log kisi ko bhi, kuch bhi keh dete hain (This is too much. These days, people write anything, say anything, without caring about the language)". "We will have to do something about it," the court said while considering issuing orders on abusive social media posts.
Case review
Malviya challenged MP HC order denying him anticipatory bail
Malviya had challenged a Madhya Pradesh High Court order on July 3 denying him anticipatory bail. He was booked by Indore's Lasudiya police station in May on a complaint from lawyer and RSS worker Vinay Joshi. Joshi alleged that Malviya hurt religious sentiments and disturbed communal harmony with his posts. Advocate Vrinda Grover, representing Malviya, argued the matter concerned a cartoon made during the COVID-19 pandemic in 2021.
Speech debate
'Freedom of speech and expression being abused...': SC
Grover also said that the FIR was not about the original cartoon, but about the post "made by someone else who took my cartoon and added religious text to it. Yet the state's wrath has fallen upon me (Malviya)." "It may be unpalatable. Let me say it is in poor taste...But is it an offence?" she said, but agreed to delete the post in question. To this, Justice Dhulia observed that freedom of speech and expression is being abused.
Responsibility debate
Posts intended to hurt religious sentiments: FIR
The FIR against Malviya listed various "objectionable" posts with inappropriate comments about Lord Shiva and cartoons/videos/photos related to Modi and RSS workers. Malviya's lawyer argued that he was only responsible for posting a cartoon, not for comments by other Facebook users. 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 peace).