The Hindu : Front Page : Court stays proceedings against M.F.Husain

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Wednesday, May 09, 2007
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Court stays proceedings against M.F.Husain

Legal Correspondent

He wants case transferred from Hardwar to Delhi

New Delhi: The Supreme Court on Tuesday stayed a Hardwar court order directing the Mumbai police to attach the property of eminent artist M. F. Husain.

A Bench consisting of Justices B. N. Agrawal and P.P. Naolekar passed this order during `mention' time on a petition filed by Mr. Husain seeking transfer to a Delhi court of the case, filed by advocate Arvind Shrivastava. Mr. Shrivastava had alleged that the artist outraged religious sentiments. After hearing Akhil Sibal, counsel for the artist, the Bench issued notice to the complainant.

Special Judicial Magistrate K. S. Shukla of Hardwar had directed the police to attach Mr. Husain's property on the ground that he repeatedly failed to respond to the summons.

Mr. Shrivastava had filed the case in the Hardwar district court in March 2006 against Mr. Husain for allegedly depicting Hindu goddesses obscenely, hurting Hindu sentiments. It was transferred to the court of Magistrate Shukla, who issued a bailable warrant on January 2 after the artist failed to respond to summons.

Acting on the court orders, the Mumbai police on Sunday began the attachment process but found that the house at Cuffe Parade belonged to Mr. Husain's son and not to the painter.

"Threat to life"

The case transfer petition filed through his special power of attorney Chawla Dharamvir said Mr. Husain had a reasonable and genuine apprehension of a serious threat to his life and person at Hardwar if the case was heard in the Uttarakhand town. He said it was never the intention of the petitioner to hurt anyone's religious or other sentiments.

The painting in question was done by the petitioner in 2004, and was not given any title.

The complainant accused Mr. Husain of ``promoting enmity among different religious groups, selling obscene material and disturbing the national integration,'' offences under the Indian Penal Code. The artist has also been accused of committing offences with certain paintings of Hindu deities and mythological characters made in the 1970s and 1980s, as well as the more recent painting of Bharat Mata.

Pointing out that the apex court had already transferred five such cases to a court in Delhi, Mr. Husain wanted the present case also shifted here.

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