Police affidavit says case filed against M F Hussain
M F Hussain is not in the country but police at crime branch has already recorded a case against the painter for alleged deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. The law says that the one guilty of the cognisable offence can face imprisonment for a term which may extend to three years.
In a petition filed by one Satish Nadkarni who has alleged that the painting of Bharatmata by the legendary painter has been hurting the religious sentiments of the Hindus and every Indian who loves the country. The petitioner had also alleged that this has not been an isolated painting by Hussain which gives rise to such controversial feelings. The court had asked police to file an affidavit as to what had been their findings in this regard. PI Ramesh Mahale of Crime Branch CID yesterday filed an affidavit which says that police have checked many of Hussain’s paintings and as per the court’s direction it has come to the inference that a case under section 295 (A) IPC should be recorded against the painter. Police have acted accordingly. However, since the painter is out of country and hence he could not be arrested immediately.
Section 295A
295A IPC – Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
http://www.cybernoon.com/DisplayArticle.asp?section=fromthepress&subsection=inbombay&xfile=July2006_inbombay_standard10366
