The Supreme Court on Monday called Prime Minister Narendra Modi and the national state -based cartoonist Hemant Malviya “inflammatory” a social media post of the Rashtriya Swayamsevak Sangh as “inflammatory” and asked if he was ready to remove it.
Malavia informed a bench of Justice Sudhanshu Dhulia and Arvind Kumar that he was ready to take the post down.
He has approached the Supreme Court to challenge the order of the Madhya Pradesh High Court, in which he has been denied anticipatory bail in the case.
Malavia was booked after a complaint filed by a Vijay Joshi, alleging that his Facebook profile had images, videos and comments that were deliberately posted to incite hatred against the RSS. He alleged that Prime Minister Modi and RSS volunteers were also objectionable, aggressive and derogatory cartoons in the posts. The complainant alleged that Lord Shiva was also commented, which was considered aggressive to religious sentiments.
Joshi alleged that the position “was a deliberate task to instigate the conflict between the communities (and) and incite the world’s largest organization, the RSS. The intention behind the Act seems to be to riot RSS workers and society, take laws in their hands, engage in violence and interrupt public order.
Malavia was booked under Section 196 (promoting enmity between different groups), 299 (deliberately and malicious acts, intended to annoy the religious sentiments of any class by insulting their religion or religious beliefs), 302 (with the intention of deliberately to injure the religious sentiments of any person, 352, 352 (identity). Prank) Indian mischief) and Section 67A (electronically clear act, sexually explicit act, etc. in electronically, etc. Publication or communication or broadcasting).
Posts in question, the question presenting a cartoon about the efficacy of covid vaccines, was reused by a Facebook user in May 2025 with some comments regarding the government’s decision to organize a caste census. Malavia resumed the post and supported the comments.
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Advocate Vrinda Govern, who had appeared for the cartoonist, said that the cartoon was “about some comments from 2021 that some vaccines are safe as water. Since then this cartoon did not have any law and order problem. It was revived by someone else because things are not forever on social media … Words are not my, only visual mines.”
Justice Dhulia said, “Comedians, cartoonists etc. see their conduct …”
Again, Grover said that the appellant was over 50 years of age.
Justice Dhulia then commented, “There is still no maturity. We agree that it is inflammatory.”
Opposing the petition, Additional Solicitor-General KM Natraj, who had appeared for the Government of Madhya Pradesh, said that if the post was really inflammatory then it was a crime. He presented that “this is causing social disagreement and the breakdown of law and order. All over the country, such things are happening and they are triggering.”
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The court said that he would listen to the matter again on Tuesday.
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