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SC won't try Husain for 'obscene' paintings

TimePublished on Mon, Sep 08, 2008 at 23:02 in Nation section

NO TRIAL: A bench consisting of three judges including the CJI dismissed the plea.

NO TRIAL: A bench consisting of three judges including the CJI dismissed the plea.


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New Delhi: The Supreme Court on Monday dismissed a plea to prosecute well known painter M F Husain for his allegedly obscene paintings of Hindu goddesses and hurting religious sentiments.

A bench of Chief Justice K G Balakrishnan dismissed the plea saying, “There are many such pictures, paintings and sculptures and some of them are in temples also.”

The plea was made by Maharashtra-based Dwaipayan Venkateshacharya Varkhedkar, challenging a Delhi High Court ruling that had stalled the criminal proceedings against Husain at various courts in Maharashtra, Madhya Pradesh and Gujarat on complaints by individuals.

The Bench, which also included Justice P Sathasivam and Justice J M Panchal, dismissed the plea, discarding the petitioner's argument that the noted painter was taking advantage of his age and reputation to get away with the law.

It found no merit in allegations of "obscene depiction" of Bharat Mata or Mother India in one of his paintings after scrutinising the work.

Husain's works have invited threats from Hindu groups like Vishwa Hindu Parishad (VHP) and Bajrag Dal, forcing him to live in a self-imposed exile in Dubai.

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