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In Malviya's cartoon, Prime Minister Modi was seen giving an injection as a guy wearing an RSS uniform had his shorts pulled down.
Hemant Malviya, a cartoonist, apologized before the Supreme Court on Tuesday for making an indecent caricature of Prime Minister Narendra Modi and the RSS on Facebook, Instagram, and other social media sites [Hemant Malviya vs. State of Madhya Pradesh].
While a bench of Justices Aravind Kumar and NV Anjaria was considering Malviya's request for anticipatory bail in the Madhya Pradesh case against him, advocate Vrinda Grover appeared on his behalf and gave the statement.
"I've already apologized in accordance with the previous directive. Even if the matter concerns the Facebook post, I would like to emphasize that it [the caricature] will be removed from all social media sites. She said, "I'll also post the apology on my social media accounts."
Speaking on behalf of the State of Madhya Pradesh, Additional Solicitor General (ASG) KM Nataraj stated that as the inquiry is still underway, the post shouldn't be removed.
Let the apology be shared on social media along with a promise that he won't do it again and that he'll assist with the investigation, Nataraj continued.
The Bench concurred and instructed Malviya to provide the apology within ten days.
It prolonged Malviya's temporary protection from arrest until the following hearing date.
In relation to FIRs filed under the Bharatiya Nyaya Sanhita and Section 67A of the Information Technology Act, Malviya appealed to the Supreme Court the Madhya Pradesh High Court's decision to refuse him anticipatory release.
The FIR claims that Malviya's cartoon showed Prime Minister Modi giving an injection as a guy wearing an RSS uniform had his shorts pulled down. Additionally, the message purportedly contained comments against Lord Shiva that the High Court deemed to be "derogatory."
Malviya claimed in his Supreme Court case that the caricature was a satirical remark made during the COVID-19 epidemic to address public debates over the effectiveness of vaccinations. He said that another social media user then uploaded it with comments on the caste census, which he shared without expressing support for the viewpoint.
The Supreme Court voiced its disapproval of some of Malviya's drawings at the July 15 hearing and suggested establishing rules centered on free expression.
Even among legal professionals, inflammatory speech on the internet has become more prevalent, according to Justice Sudhanshu Dhulia, who was on the Bench at the time.
"A wide range of inappropriate remarks are being said today. The words they employ... Some members of the legal community are also engaging in similar practices," he had stated.
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