- SC granted anticipatory bail to cartoonist Hemant Malviya over controversial caricature of PM Modi, RSS
- Malviya apologised on social media and was directed to cooperate with police investigation as bail condition
- Bail can be cancelled if Malviya fails to cooperate with the ongoing probe into the caricature case
The Supreme Court on Tuesday granted anticipatory bail to cartoonist Hemant Malviya over his controversial caricature of PM Narendra Modi-Rashtriya Swayamsevak Sangh (RSS).
This came after the top court noted that Malviya had issued apologies on his social media accounts.
The top court has however granted him conditional anticipatory bail, directing him to cooperate with the police investigation.
The top court also said that if he does not cooperate in the investigation, the bail can be cancelled. The court had earlier granted him protection from arrest on July 15.
Hemant Malviya had approached the Supreme Court to avoid arrest in the FIR registered in Madhya Pradesh.
The Supreme Court had earlier rebuked Indore-based cartoonist Hemant Malviya for an 'inflammatory' cartoon of Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh, which is the ruling Bharatiya Janata Party's ideological mentor, with a link to Lord Shiva in the comments.
A bench headed by Justice Sudhanshu Dhulia expressed dismay over the 50-year-old cartoonist's "immaturity" and called his creation an "abuse of freedom of speech and expression." In a sharp observation Monday, the court asked for the cartoon to be deleted.
Earlier, Sr Advocate Vrinda Grover appearing for the cartoonist, told the top court Malviya posted only the cartoon and that the comments - on a social media platform on which the image had been shared - had been added by another individual.
"It was from 2021 (during the Covid pandemic)... about some comments that some vaccines are 'safe as water'. There was a lot of confusion and misinformation then about vaccines."
She also pointed out no law-and-order problems had emerged because of the cartoon. "The cartoon made headlines because of someone else because things live on social media forever," she said.
The cartoonist had not, in the creation of the artwork or since, shown any malafide intentions, she argued, stressing Malviya is ready to delete the post and offer an apology.
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