The Supreme Court Today (Aug 19) heard cartoonist Hemant Malviya’s plea after his caricature allegedly mocked RSS and PM Modi. Court asked him to post an apology online while keeping the case pending.
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NEW DELHI: The Supreme Court of India today heard the plea of cartoonist Hemant Malviya, who is accused of creating and sharing a caricature that allegedly showed the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi in a disrespectful manner.
The matter came before a bench of Justices Aravind Kumar and NV Anjaria.
Senior Advocate Vrinda Grover, appearing for Hemant Malviya, told the court:
“I have already placed the apology as directed. I will also ensure deletion from all social media, and publish an apology on my own account.”
Grover also argued that there was no recovery in the case and no call from the police so far. She said her client was ready to cooperate if required:
“There is no recovery, no call from police. I am willing to join investigation if asked.”
On behalf of the State, Additional Solicitor General (ASG) KM Nataraj submitted before the court:
“Apology should be published on social media with an undertaking not to repeat. He must cooperate with investigation.”
The bench then noted the submissions and remarked:
“We’ll keep matter pending. Upload the apology till then.”
Vrinda Grover then asked:
“Should I delete the earlier post?”
To this, ASG Nataraj responded:
“No. Investigation is ongoing.”
Another counsel in the matter cautioned that reposting the same content should also not be done, stating:
“Reposting should not be done either, since it may instigate others.”
In reply, Grover assured the bench:
“My apology is omnibus.”
While passing its order, the court recorded that it had received Malviya’s affidavit dated 16 August 2025, which contained his unconditional apology.
The bench remarked:
“Wholehearted apology, which we hope is not from the pen but from the heart.”
At this stage, ASG Nataraj opposed deletion of the original post, saying it could be important for the investigation:
“Post may be relevant evidence.”
Finally, the Supreme Court directed that the apology must be uploaded by Hemant Malviya on Facebook, Instagram, and other social media platforms as part of compliance with its order.
CASE TITLE:
Hemant Malviya vs State of Madhya Pradesh.
SLP(Crl) No. 9906/2025.
“Log Kisi Ko Bhi, Kuch Bhi Keh Dete Hain”: Supreme Court on July 15 Gave Interim Protection to Cartoonist Hemant Malviya
The Supreme Court of India on July 15 gave interim protection to cartoonist Hemant Malviya, who was accused of uploading allegedly offensive cartoons and comments on Prime Minister Narendra Modi, Lord Shiva and RSS (Rashtriya Swayamsevak Sangh) members through his social media platforms.
A bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar heard the case and granted the relief.
However, the bench clearly warned Malviya that if he repeats such behaviour in future, the state will be free to take strict legal action against him.
The judges remarked during the hearing,
“Log kisi ko bhi, kuch bhi keh dete hain” (People say anything to anyone).
This statement came as the court expressed its displeasure regarding the nature of online posts being shared by the accused.
Malviya had approached the Supreme Court after the Madhya Pradesh High Court rejected his application for anticipatory bail on July 3. The High Court had declined to give him protection from arrest, which led him to file an appeal before the top court.
The case stems from an FIR filed in May at Lasudiya Police Station in Indore, following a complaint lodged by Vinay Joshi, a lawyer and an RSS member. In his complaint, Joshi accused Malviya of hurting the religious sentiments of Hindus and creating communal tension by uploading and circulating objectionable content online.
According to the FIR, Malviya posted several controversial and “objectionable” items online. These included comments and cartoons seen as insulting to Lord Shiva, as well as videos, memes, and photographs allegedly mocking Prime Minister Narendra Modi, RSS workers, and other individuals.
CASE TITLE:
Hemant Malviya vs State of Madhya Pradesh.
SLP(Crl) No. 9906/2025.
“Still No Maturity In Him”: Supreme Court on July 14 Refused To Give Interim Protection
The Supreme Court of India on July 14 refused to give interim protection from arrest to cartoonist Hemant Malviya, who is facing criminal charges for allegedly sharing objectionable cartoons of Prime Minister Narendra Modi, Lord Shiva and the Rashtriya Swayamsevak Sangh (RSS) on social media platforms.
A bench consisting of Justice Sudhanshu Dhulia and Justice Aravind Kumar expressed strong disapproval of Malviya’s actions while hearing his plea challenging the rejection of anticipatory bail.
The judges said his conduct was not appropriate and criticized his behavior.
“Still no maturity in him. It is indeed inflammatory,”
-said Justice Dhulia, while expressing the court’s concern about the nature of the cartoons and the content posted by Malviya online.
Senior advocate Vrinda Grover, representing Hemant Malviya, informed the court that the post which had caused the issue had already been removed from the internet.
“He is over 50. The post did not amount to an offence and it is about personal liberty,”
-argued Grover, requesting the court to stop any arrest action against Malviya.
However, the Supreme Court did not accept the request for interim protection and refused to grant any relief on the day.
CASE TITLE:
Hemant Malviya vs State of Madhya Pradesh.
SLP(Crl) No. 9906/2025.
EARLIER IN MP HIGH COURT
Jabalpur: The Madhya Pradesh High Court refused to give anticipatory bail to Indore-based cartoonist Hemant Malviya. He was accused of making a cartoon that showed the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi in a way that many people found disrespectful and offensive.
This order was given on 3rd July by Justice Subodh Abhyankar, who clearly said that Malviya misused his right to freedom of speech and should have been more careful before making and posting such a cartoon online.
The Court strongly criticized Malviya’s action and said:
“He has clearly overstepped the threshold of freedom of speech and expression and does not appear to know his limits.”
Because of this, the Court said it was important to question him in police custody.
In the judge’s own words-
“In the considered opinion of this court, on the face of it, the conduct of the applicant in depicting the RSS, which is a Hindu organisation, along with the Prime Minister of this country in the aforesaid caricature, coupled with his endorsement of a rather demeaning remark, dragging unnecessarily the name of lord Shiva in the comments tagged to it, is nothing but the sheer misuse of the freedom of speech and expression as enshrined under Art.19(1)(a) of the Constitution, and falls under the definition of offence as contended by the complainant.”
The Court also pointed out that the post became even more disturbing because of the offensive remarks about Lord Shiva that were added to the cartoon:
“The post becomes more unsettling when the derogatory lines involving Lord Shiva are also added to it.”
It further noted that Hemant Malviya had even encouraged others to copy or experiment with his cartoon, which the Court said was not done with good intentions:
“Which certainly cannot be said to be made in good taste or faith.”
The bench went on to say:
“It is apparent that the applicant’s aforesaid act is deliberate and malicious intended to outrage religious feelings of the complainant and the public at large by insulting its religion, which is prejudicial to the maintenance of harmony in the society.”
It clearly concluded that:
“Applicant’s aforesaid act is deliberate and malicious intended to outrage religious feelings of the complainant and the public at large.”
This matter started in May this year, when Hemant Malviya was booked for a Facebook post that a member of the RSS found offensive.
The cartoon showed a man in RSS khaki shorts bending over with his dress pulled down, while Prime Minister Modi was shown with a stethoscope and an injection, about to inject the person. Many saw this as a disrespectful and degrading representation of both RSS and the PM.
Malviya’s lawyer told the Court that the cartoon was meant as satire and argued that Supreme Court guidelines against unfair or arbitrary arrests were not being followed by the authorities.
But the State, on the other hand, said that the freedom of speech cannot be misused to insult respected institutions or leaders in such a vulgar way.
After hearing both sides, the Court said that Malviya had shown the intention to repeat such acts in future too, and so he did not deserve any legal protection under anticipatory bail.
The Court explained:
“Thus, against the applicant, who has clearly demonstrated his propensity to commit the said offence and to promote the same in future also, the provisions of s.41(1)(b)(i) and (ii) would be attracted in full force and he cannot take recourse of the benefit of the provisions of s.41A of Cr.P.C./s. 35 of BNSS and consequently, the benefit of the dictum in the case of Arnesh Kumar (supra) would also not be available to him.”
Based on this reasoning, the High Court dismissed his plea for anticipatory bail.
Advocate Rishabh Gupta appeared for Hemant Malviya,
Advocate Amit Raval represented the State, and
Advocate Govind Rai Purohit appeared for the complainant.
CASE TITLE:
Hemant Malviya vs The State Of Madhya Pradesh.
READ HIGH COURT ORDER-
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