Cartoonist Hemant Malviya informed the Supreme Court on Tuesday that he would issue an apology on Facebook, Instagram, and other social media platforms for publishing an objectionable caricature of the RSS and Prime Minister Narendra Modi, Bar and Bench reported. 

The bench of justices Aravind Kumar and NV Anjaria directed Malviya to publish the apology within seven days, extending the interim protection from arrest granted to him until the next hearing.

Malviya was booked in June under various sections of the Bhartiya Nagrik Suraksha Sanhita and section 67(a) of the Information Technology Act over a complaint that alleged his cartoon tarnished the image of the RSS, incited violence, and hurt Hindu religious sentiments.

The complainant reportedly identified himself as a member of the RSS and the Hindu community.

The Madhya Pradesh High Court took note of the cartoon, which was made in 2021 and depicted a human figure representing the RSS in uniform, bending over with its shorts pulled down, being administered an injection by a caricature of Prime Minister Modi. The PM figure was shown with a stethoscope and a syringe. The court found the content objectionable and said that it was worsened by “derogatory lines involving Lord Shiva”, according to LiveLaw.

In June, the cartoon was shared by a social media account with commentary suggesting that the caste census was being used to divert attention from other issues like the Waqf Bill and the Pahalgam attack. Malviya allegedly shared that post.

On Tuesday, advocate Vrinda Grover, appearing for Malviya, told the court that the caricature will be deleted from all social media platforms even though the case pertains to the Facebook post. 

Appearing for the state, Additional Solicitor General KM Nataraj opposed the deletion of the post, arguing that it was relevant to the probe.

The Supreme Court clarified that any deletion of the post was barred at this stage, given the ongoing investigation.

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