No case against Husain: SC

Noted painter M F Husain on Monday 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 as obscene.

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

The Bench was hearing the appeal filed by Maharashtra-based Dwaipayan Venkateshacharya Varkhedkar, challenging a judgment of the Delhi High Court quashing criminal proceedings initiated against the painter in Maharashtra, Madhya Pradesh and Gujarat.

It refused to accept the argument that Husain was taking advantage of his age and reputation to get away despite painting obscene pictures.

In fact, one such creation of the painter, Bharat Mata, was brought before the apex court for its scrutiny.

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 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 Pandharpur (Maharastra), Rajkot (Gujarat) and Indore (Madhya Pradesh) 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 approached the apex court.

After the transfer of cases, Husain 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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