In a remarkably unequivocal judgment delivered on May 8, Delhi High Court quashed eight criminal cases against artist M.F. Husain, saying that ‘it has become imperative that in this information age, jurisdiction be more circumscribed so that an artist ... is not made to run from pillar to post facing proceedings.’ A few days later, on May 15, the Supreme Court stayed criminal proceedings against actor Khushboo in 23 cases. While these orders are commendable, they do not go far enough. Each time an actor, writer, artist, journalist, or anyone else whose speech or expression is transmitted widely through the media expresses a controversial sentiment, multiple law suits will be filed across the country. Higher courts will continue to waste their strained resources to quash these proceedings. The problem needs a permanent solution.

The root of the problem of multiple proceedings lies in Section 177 of the Criminal Procedure Code: ‘Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed’. Section 178, which deals with offences committed in more than one jurisdiction, provides that they ‘may be inquired into or tried by a court having jurisdiction over any of such local areas.’ Crimes such as obscenity that are committed wholly or in part by expression usually include the publication of such expression as well. Therefore, every court within whose local jurisdiction such expression has been published in any medium has potential jurisdiction. This, in the case of TV broadcast or internet publication, includes every single court in the country! It is this loophole that allows disgruntled groups to pursue such proceedings.

... contd.