New Delhi: The Supreme Court on Tuesday provided interim security to cartoonist Hemant Malavia from arrest, which is facing allegations for sharing objectionable social media content related to Prime Minister Narendra Modi, RSS members and Hindu deities during the Kovid -19 pandemic.A bench of Justices Sudhanshu Dhulia and Arvind Kumar issued a clear warning that if Malavia posts another aggressive material, “then the state [is] Independent to work against him under law. ,The court was hearing Malavia’s anticipatory bail argument after the Madhya Pradesh High Court rejected his request on July 3. During the proceedings, a bench of Justice Sudhanshu Dhulia and Arvind Kumar questioned the nature of the office and the wide implication for freedom of expression.“Why do you do all this?” The bench asked Malviya’s lawyer, advocate Vrinda Grover. In response, Grover said, “It may be inaccessible. I want to say that it is in bad taste. Let me go to that extent. But is it a crime? My Lords said, it can be aggressive but it’s not a crime. I am just on law. I am not trying to justify anything.” He said that the post was removed.Justice Dhulia commented during the hearing, “Whatever we can do with the case, but it is certainly the case that the freedom of speech and expression is being misused.”Representing the Madhya Pradesh government, Additional Solicitor General KM Natraj argued that such acts were repeated and suggested that the issue went beyond maturity. “This is not a question of maturity alone. It’s something else,” he said.Grover said that there was no law and order situation since the cartoon was published, asking whether arrest and custody was necessary in the case of personal freedom. He also requested interim relief for Malavia until the next hearing, which was given by the court.Malavia is facing allegations under several provisions of the Indian Judication Code, with Section 196 (prejudice for the maintenance of harmony), section 299 (reducing religious sentiments), section 352 (deliberately insulting), as well as to publish sexually clear materials online for Section 67-A Act of IT.The FIR was registered on a complaint by RSS worker and advocate Vinay Joshi, who alleged that religious sentiments were hurt and disturbed communal harmony, including the posts of Malavia, including a cartoon and comments related to Lord Shiva. Malavia’s lawyer told the High Court that he only posted cartoons and cannot be held responsible for the comments made by others.
