Monday, September 08, 2008
SC refuses to prosecute M F Husain 
"There are many such pictures, paintings and sculptures and some of them are in 
temples also," a Bench headed by Chief Justice K G Balakrishnan said, 
dismissing a petition


New Delhi: Noted painter M F Husain today got a major relief from the Supreme 
Court which refused to initiate criminal proceedings against him for allegedly 
hurting public sentiments through some of his paintings that were dubbed 
obscene.

"There are many such pictures, paintings and sculptures and some of them are in 
temples also," a Bench headed by Chief Justice K G Balakrishnan said, 
dismissing one such petition.

The Bench, also comprising Justices P Sathasivam and J M Panchal, was not 
impressed with the argument that Hussain was taking advantage of his age and 
reputation to get away after painting obscene pictures.

One such creation of the painter, titled Bharat Mata, was brought before the 
apex court for scrutiny.

Maharashtra-based Dwaipayan Venkateshacharya Varkhedkar had challenged a Delhi 
High Court verdict quashing the criminal proceedings initiated against the 
eminent painter in Maharashtra, Madhya Pradesh and Gujarat.

Husain's paintings, allegedly depicting Bharat Mata and Hindu Gods and 
Goddesses in an obscene manner, had created a furore resulting in him receiving 
threats from right-wing groups like the VHP and the Bajrang Dal. As a result, 
the painter is living in a self-imposed exile in Dubai.

The proceedings against the painter were initiated on the basis of complaints 
filed in Panderpur (Maharastra), Rajkot and Indore alleging that his paintings 
were obscene and hurt public sentiments.

The criminal complaints filed in various places were shifted to the Patiala 
House district courts in the Capital after the artist had approached the apex 
court.

After the transfer of cases, Husain, 90, had filed a petition in the Delhi High 
Court for quashing the complaints which was allowed on May 8 this year.


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