Overview
- A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi scheduled the anticipatory bail petition for July 14 after Advocate Vrinda Grover sought urgent listing.
- Malviya is charged under Bharatiya Nyaya Sanhita sections 196, 299 and 352 and IT Act section 67A for allegedly promoting communal disharmony and outraging religious feelings.
- Both a sessions court in Indore and the Madhya Pradesh High Court refused him anticipatory bail, citing misuse of free speech and the necessity of custodial interrogation.
- His defense team argues the high court overlooked Supreme Court precedents in Arnesh Kumar v State of Bihar and Imran Pratapgarhi v State of Gujarat on bail and free-speech protections.
- The FIR was lodged by RSS member Vinay Joshi over a 2021 COVID-era cartoon depicting Prime Minister Modi, RSS workers and a reference to Lord Shiva.