The Supreme Court of India has granted permanent protection to cartoonist Hemant Malviya after he issued a public apology for a controversial cartoon depicting Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh in an undignified manner.

The case was disposed of by a bench comprising Justices Aravind Kumar and N. V. Anjaria, who noted that Malviya had complied with the court’s earlier directive to publish his apology on Facebook and Instagram. Observing that his statement of regret appeared genuine, the bench remarked that there was no reason to disbelieve the same.

The development follows the interim relief granted on August 19, when the court had directed Malviya to tender an apology and restrained him from removing or reposting the impugned cartoon while investigations were in progress. During the hearing, Advocate Vrinda Grover, appearing for Malviya, submitted that her client had abided by the court’s directions, had not been summoned so far, and was extending full cooperation to the authorities. The bench, while accepting the apology, cautioned that investigators were free to seek cancellation of his bail in the event of any future non-cooperation.

The matter arose after Malviya’s post was flagged for allegedly crossing the boundaries of free expression and posing risks to public harmony by offending religious sentiments. He was booked under provisions of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2000.

Both the Supreme Court and the Madhya Pradesh High Court had earlier observed that the content went beyond permissible limits of satire and artistic freedom.

By making the earlier interim order absolute, the Supreme Court has now extended complete protection to Malviya, effectively bringing the legal proceedings against him to a close, while underscoring that the shield of freedom of expression carries with it the responsibility to maintain dignity and avoid actions that may disrupt social order.

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