Click to play videoNew Delhi: The Delhi High Court on Thursday dismissed criminal proceedings against painter M F Husain, who was accused of hurting public sentiments through his paintings.
Justice Sanjay Kishan Kaul said the allegations against the 91-year-old painter were baseless. "A painter has his own perspective of looking at things and it cannot be the basis of initiating criminal proceedings against him," Kaul said while quashing three cases against Husain.
The cases against Husain’s controversial Bharat Mata painting were filed in Bhopal, Indore and in Pandherpur, Maharashtra, in 2006. The Supreme Court last year ordered that the three cases be clubbed together and transferred them to Patiala House courts in Delhi. Husain alleges that the cases had been filed just to harass him.
Husain’s lawyer Akhil Sibal said the court judgment vindicates his client. "The High Court has now found that there is no criminal offence or obscenity that has been made out," said Sibal.
Poornima Pandit, lawyer for one of the petitioners, said they would appeal again. "We will take legal recourse. Freedom of expression does not mean assault on others' feelings," she said.
Husain’s family issued a guarded statement on the court’s order. “
" He would love to be in India if he gets a chance. We are happy that a begining has taken place and he is able to come back to where he belongs," said Shamshad Husain, the painter’s son.
What the Delhi High Court said
- "The allegations made against the painter are baseless and it would not be proper to hold that he had a deliberate
intention to manifestly insult Bharat Mata," Justice Sanjay Kishan Kaul said in his order.
- "A painter at 90 deserves to be in his home, painting his canvas," the judge said.
- "Ancient art has never been devoid of eroticism where sex worship and graphical representation of the union between man and woman has been a recurring feature."
- "It's very unfortunate that the works of many artists today who have tried to play around with nudity have come under scrutiny and have had to face the music," he said.
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