New Delhi: The Supreme Court on Monday made strong remarks on the misuse of freedom of expression, stating that it cannot extend protection when such rights are abused. The court dismissed a plea filed by cartoonist Hemant Malviya, who had sought protection from arrest in connection with a controversial cartoon allegedly targeting Prime Minister Narendra Modi and the Rashtriya Swayamsevak Sangh (RSS).
The cartoon, published during the peak of the COVID-19 pandemic, depicted a political leader administering a vaccine to a citizen. Multiple complaints were filed alleging that the cartoon was offensive and spread misinformation, prompting police cases against Malviya.
Earlier, Malviya approached the Madhya Pradesh High Court for anticipatory bail, which was rejected on July 3. The court observed that Malviya had acted without discretion and dismissed his petition. He then moved the Supreme Court, arguing that the cartoon was merely satirical and intended to reflect public concern over vaccine safety, not to insult any individual or institution.
However, the Supreme Court expressed disapproval of his conduct, stressing that freedom of speech does not permit the reckless misuse of expression under the guise of satire. The bench made it clear that such misuse cannot be shielded under constitutional protections.
Dismissing Malviya’s plea, the Supreme Court denied him relief from arrest, affirming that the right to free speech must be exercised responsibly and within legal limits.