Delhi Court Orders Prosecution Against Congress Leader Over Unreturned MF Husain Painting Allegedly Worth Over ₹1 Crore

A Delhi Court yesterday ordered prosecution against Congress leader and former Minister of State for Home Affairs Bhanwar Jitendra Singh for criminal breach of trust over an unreturned painting of renowned artist MF Husain, allegedly valued above ₹1 crore.

Special Judge Jitendra Singh of Rouse Avenue Courts said that Singh's conduct in failing to return the painting, despite repeated oral and written requests, offering false assurances, and ultimately refusing to return it fulfilled the ingredients of criminal breach of trust.

“Thus, the material available on record prima facie discloses sufficient grounds to proceed against respondent no. 2 for the offence punishable under Section 406 of IPC,” the Court said.

A complaint was filed by one Rohit Singh Mahiyaria alleging that in April 2014, Singh approached his mother, a former parliamentarian, seeking to borrow a painting by late artist M.F. Hussain.

As per the complaint, Singh wanted to show the painting to his wife, claiming that she was an admirer of the works of Hussain.

He alleged that after a few days of lending the painting, the artwork was requested back from Singh. In 2017, Singh expressed his inability to locate the said painting and offered Bundi miniature paintings in lieu. It was alleged that his mother had repeatedly requested Singh to return the painting which was never done.

In March, the Additional Chief Judicial Magistrate dismissed the complaint which alleged commission of offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860.

Setting aside the ACJM order, the special judge yesterday observed that the painting in question was entrusted to Singh in April, 2014 only for a limited purpose- to show it to his wife and to consider its purchase.

Observing that the entrustment was made in good faith and without any transfer of ownership, the judge said:

“The subsequent conduct of the respondent no. 2, in failing to return the painting despite repeated oral and written requests, offering false assurances, and ultimately refusing to return the same, unmistakably reflects dishonest retention and misappropriation of entrusted property, thereby fulfilling the ingredients of criminal breach of trust within the meaning of Section 406 of IPC.”

It concluded that the inference drawn by the ACJM that the painting was gifted to Singh was manifestly unsustainable.

“Thus, when the series of messages is appreciated in its entirety, it becomes evident that the complainant's mother was asserting ownership and seeking restitution of the painting, and that the isolated reliance on one portion of the last message, divorced from its context, has led to ignoring of material evidence and an erroneous finding by the Ld. Trial Court,” the judge said.

While setting aside the impugned order dismissing the complaint, the judge directed the Trial Court to proceed further in the matter in accordance with law and to pass appropriate orders.

“The complainant and respondent no. 2 are directed to appear before the Ld. Trial Court on 25.11.2025 for further proceedings,” the order said.

Click here to read order