Freedom of speech is being abused
A bench of Justices Sudhanshu Dhulia and Aravind Kumar asked the counsel of cartoonist Hemant Malviya, 'Why do you do all this?' Malviya has 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. Grover agreed to delete the post made by Malviya.
'Whatever we may do with this case, this is definitely the case that the freedom of speech and expression is being abused,' Justice Dhulia observed.
Additional Solicitor General KM Nataraj, appearing for Madhya Pradesh, said such "things" were repeatedly done
'It is not the question of maturity alone. It is something more,' Nataraj said, while responding to Grover, who had said there should be some maturity. 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.
Grover requested the bench grant interim protection to the petitioner until then. 'We will see this on Tuesday,' the bench said.Malviya is challenging a Madhya Pradesh High Court order passed on July 3 refusing to grant him anticipatory bail. The cartoonist was booked by the Lasudiya police station in Indore in May on a complaint filed by a lawyer and Rashtriya Swayamsevak Sangh worker, Vinay Joshi. Joshi had alleged that Malviya hurt the religious sentiments of Hindus and disturbed communal harmony by uploading objectionable material on social media. The FIR mentioned various "objectionable" posts, including allegedly inappropriate comments on Lord Shiva as well as cartoons, videos, photographs and comments regarding PM Modi, RSS workers and others.
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