The Madhya Pradesh High Court has refused to grant anticipatory bail to an Indore-based Cartoonist, booked for allegedly drawing a derogatory caricature of the Rashtriya Swayamsevak Sangh (RSS) and Prime Minister Narendra Modi.
As per the complaint, Cartoonist Hemant Malviya showed the parties in an undignified manner, allegedly hurting the religious sentiment of the complainant. The cartoon was stated to be published on Malviya’s Facebook page.
The single-judge Bench of Justice Subodh Abhyankar observed that Malviya’s conduct in depicting the RSS, a Hindu organisation along with the PM in the caricature, coupled with his endorsement of a rather demeaning remark dragging unnecessarily the name of lord Shiva in the comments tagged to it, was nothing but sheer misuse of the freedom of speech and expression, as enshrined under Art.19(1)(a) of the Constitution.
Noting that the act fell under the definition of offence as contended by the complainant, the High Court said the custodial interrogation of the applicant would be necessary.
The single-judge Bench noted that the applicant’s Facebook page showed RSS in a human form with its Khaki shorts with a black belt and white shirt, which was the uniform of RSS. This man was bending over with his shorts pulled down and exposing his bottom to the caricature of the Prime Minister, who was shown with a stethoscope around his neck. The PM was also shown holding an injection in his hand, which he was administering on the bottom of the person bending over (RSS).
On due consideration of the rival submissions and perusal of the case diary, it is found that in the applicant’s Facebook page which has been found to be objectionable by the complainant, RSS is shown in a human form with its Khaki shorts with a black belt and white shirt, which is the uniform of RSS. This man is bending over with his shorts pulled down and exposing his bottom to the caricature of the Prime Minister, who is shown with a stethoscope around his neck and who is also holding an injection in his hand, which he is administering on the bottom of the person bending over i.e. RSS”.
The post became more unsettling when the aforesaid derogatory lines involving Lord Shiva were also added to it. The lines have been favourably endorsed by the applicant himself who was also encouraging other people to experiment with the said caricature, which certainly could not be said to be made in good taste or faith. The applicant’s deliberate and malicious act was intended to outrage religious feelings of the complainant and the public at large by insulting its religion, which was prejudicial to the maintenance of harmony in the society, noted the single-judge Bench.
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