Keeping Pace with Legal Change
Anticipatory bail sought by cartoonist Hemant Malviya was refused by Madhya Pradesh High Court, holding that his caricature of RSS and Prime Minister outraged religious feelings. Custodial interrogation was deemed necessary under strict provisions safeguarding public harmony and societal stability.
As part of its decision, which was handed down on June 12, 2025, the Madhya Pradesh High Court granted bail to Dr. Nasheem Bano, highlighting the fact that Article 21 safeguards the private liberty of individuals. In speech-related offenses, Justice Avanindra Kumar Singh enforced safeguards, striking a balance between the right to free speech and the need to maintain religious unity.
In Sharmistha Panoli’s case, police charged her under Sections 196, 297, and 300 of the BNS after she criticized religious practices online. The arrest sparks debate over free speech, intent requirements, overcriminalization, and judicial safeguards under India’s new criminal law.
