Earlier, the MP HC, while rejecting Malviya’s anticipatory bail plea, had observed that it was gross misuse of freedom of speech. “The applicant (Malviya) has overstepped the threshold of freedom of speech and expression and doesn’t appear to know his limits.This court is of the considered opinion that the custodial interrogation of the applicant would be necessary,” Justice Subodh Abhyankar of the MP HC, had said.The MP police charged Malviya under relevant sections of the BNS (Bharatiya Nyaya Sanhita) and others for promoting communal disharmony, outraging religious feelings, provoking breach of peace, and the IT Act.The HC had further observed that the conduct of Malviya in depicting the Rashtriya Swayamsevak Sangh (RSS), along with the country’s prime minister, coupled with his endorsement of a derogatory remark, amounted to misuse of speech and expression.The HC, in its 5-page order, went on to observe that the applicant not only endorsed it but encouraged others to experiment with the caricature. “This cannot be said to be made in good taste or faith,” the HC stated.It also observed that his act was deliberate and malicious, intended to outrage the religious feelings of the public.
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