New Delhi | The Supreme Court on Tuesday granted protection from coercive action to a cartoonist accused of sharing alleged objectionable cartoons of Prime Minister Narendra Modi and RSS workers on social media.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar, however, cautioned if he continued to share offensive posts on social media, the state was free to take action against him under law.
"We will have to do something about it," the bench said as it mulled passing orders on abusive social media posts.
Miffed over the alleged abusive online posts, it added, "Log kisi ko bhi, kuch bhi keh dete hain (People say anything to anyone)'." Cartoonist Hemant Malviya challenged in the apex court a Madhya Pradesh High Court order passed on July 3 refusing to grant him anticipatory bail.
He was booked by Lasudiya police station in Indore in May on a complaint filed by lawyer and RSS worker Vinay Joshi.
Malviya hurt religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media, Joshi alleged.
Advocate Vrinda Grover, representing Malviya, on July 14 argued the issue related 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.
Grover agreed to delete the alleged offensive post.
"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 then 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." 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 in 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.
