High court relief for Nafisa Ali

Show-cause notice for buying Hussain work stayed

NEW DELHI: Nafisa Ali, social activist and chairperson of Action India, got a major relief on Tuesday when the Delhi High Court stayed a showcause notice issued by a local trial court against her for allegedly purchasing MF Hussain’s controversial painting depicting Hindu goddesses in an "indecent" manner.

Justice BN Chaturvedi stalled the trial court's order on May 15 asking Ali to file a reply by November 23 as to why action should not be taken against her on a complaint by Jai Bhagwan Goyal, a local Shiv Sena activist.

Ali's counsel Siddhartha Luthra argued that the trial court could not issue the show cause notice without taking cognisance of the complaint.  “Metropolitan magistrate Raj Kapur has no power to issue show cause notice before the cognisance is taken in a case,” Luthra said.

Moreover, Ali did not purchase any such painting and even if she had, it would not have been a crime, the counsel said. 

“There is no material to show that she purchased the painting and no evidence was placed before the magistrate to prove the allegation," he added.