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SC dismisses plea for Husain’s return
 R Sedhuraman
Legal Correspondent

New Delhi, March 26
The apex court on Friday refused to direct the government to take steps to ensure return of self-exiled painter MF Husain, who has been residing in a Gulf country, to India. A Bench headed by Chief Justice KG Balakrishnan dismissed a PIL filed by Jammu and Kashmir Panthers Party president Bhim Singh, seeking a direction to the government to withdraw all criminal cases (over 90) filed against Husain (95) for allegedly committing blasphemy by drawing objectionable sketches of Hindu gods.

“What the Prime Minister can do if somebody has decided to stay at Doha (capital of Qatar) by opting for the citizenship of that country,” the Bench, which included Justices JM Panchal and Deepak Verma, asked the petitioner.

The apex court also pointed out that it had transferred all cases against Husain to Delhi for the convenience of the painter and the Delhi High Court had disposed of some of them.

“People like Husain are world-class citizens. They can be anywhere in the world. We cannot issue any direction to the government as sought in the PIL to enable Husain’s return to India,” the Bench observed, pointing out its limitation in such matters. Husain has already surrendered his Indian passport.

According to the PIL, Husain’s fundamental rights stood violated as he was unable to return from self-exile since 2006. 

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