Earlier, on 3 July, the Madhya Pradesh High Court had denied Malviya’s anticipatory bail, calling his actions a gross misuse of the right to freedom of speech. Justice Subodh Abhyankar stated in his order:“The applicant has overstepped the threshold of freedom of speech and expression and does not appear to know his limits. This court is of the considered opinion that custodial interrogation of the applicant would be necessary.”Prior to the High Court’s order, Malviya’s plea had also been rejected by a sessions court in Indore on 24 May.Malviya has been charged under various sections of the Bharatiya Nyaya Sanhita (BNS), along with provisions of the IT Act, for allegedly promoting communal disharmony, outraging religious sentiments, and provoking a breach of peace.The High Court, in its five-page order, noted that Malviya’s depiction of the Rashtriya Swayamsevak Sangh alongside the Prime Minister, combined with his endorsement of a derogatory comment, constituted a deliberate and malicious act intended to provoke and insult. It stated that his conduct could not be considered to have been carried out in good faith or taste.Furthermore, the court observed that Malviya not only endorsed the caricature but also encouraged others to replicate it.
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