Indore based Cartoonist Hemant Malviya, booked in several cases for his caricatures of Lord Shiva, Prime Minister Narendra Modi, and the Rashtriya Swayamsevak Sangh (RSS), on Tuesday expressed “unconditional regret” before the Supreme Court. He also pledged to delete the images from all his social media accounts and publish his apology publicly.
The assurance was recorded by a bench of Justices Aravind Kumar and N.V. Anjaria after senior advocate Vrinda Grover, appearing for Malviya, placed on record written apologies in both Hindi and English. The apology came weeks after the top court had extended anticipatory bail to the cartoonist and warned against misuse of the right to free speech.
Apology on Social Media
Grover informed the court that her client had never been called for questioning during the investigation and reiterated his willingness to cooperate with authorities. She told the bench that while the case originated from a Facebook post, Malviya would go further and delete the content across all platforms.
The caricature in circulation since 2021 was said to show an RSS figure in uniform with shorts pulled down while PM Modi administered an injection, accompanied by remarks involving Lord Shiva that were deemed derogatory by the court.
The case arose after the High Court in Madhya Pradesh denied him anticipatory bail, with FIRs registered under various sections including the Bharatiya Nyaya Sanhita and Section 67A of the Information Technology Act. The complainants alleged that the cartoon hurt Hindu religious sentiments and incited disharmony.
“I will publish this apology on my social media account. The content will also be removed from all platforms where it has been shared. There is nothing incriminating against me, and I have never been summoned for questioning even once,” Grover submitted on behalf of Malviya.
Additional Solicitor-General K.M. Natraj, representing the Madhya Pradesh government, acknowledged receipt of the apology but suggested that it must be posted publicly. “Yes, I have seen. Let him publish it on all social media. In all the investigation, whatever is going on, he should cooperate,” Natraj said. Grover confirmed that the apology would be uploaded on social media soon.
Misuse of Freedom of Speech
The hearing follows the court’s earlier observations from July 15, when it described Malviya’s caricatures as “inflammatory” and cautioned that freedom of speech cannot be stretched to justify such depictions. The bench had also pointed out an “increasing trend” of individuals misusing the constitutional right to free expression and suggested that it may consider issuing broader guidelines on the matter.
With Malviya’s apology formally placed on record, the bench asked the Madhya Pradesh government to file its views on the issue. The matter is expected to return for further hearing in the coming weeks.
