Delhi Court Refuses To Order FIR Against Exhibition Of 'Offensive' MF Husain Paintings On Hindu Deities

A Delhi Court has upheld the dismissal of a plea seeking registration of FIR over exhibition of two allegedly offensive paintings of Indian painter MF Husain on Hindu deities at the Delhi Art Gallery.The complaint was lodged by a lawyer Amita Sachdeva.Additional Sessions Judge Saurabh Partap Singh Laler of Patiala House Courts upheld an order passed by JMFC Court earlier this year, observing that it reflected a reasoned application of mind, aligning with statutory provisions and judicial precedents.“No police investigation is required at this stage, as evidence is accessible, and Section 225 BNSS provides an adequate mechanism for any future inquiry. The Criminal Revision Petition is dismissed. The proceedings before the learned JMFC shall continue as per law,” the Court said. The judge said that even assuming that further inquiry was required, the Magistrate before whom the matter is pending is not powerless and that while taking cognizance, the Magistrate may postpone process issuance and direct a limited inquiry by a police officer or other person to ascertain the truth of the complaint. “Here, if during proceedings under Section 223 BNSS the learned JMFC finds gaps, such an inquiry can be ordered, rendering immediate police investigation redundant,” the Court said. Further, the Court said that the allegations, while sensitive, pertained to artworks in a private gallery, not public incitement or violence.“No communal unrest is reported, and the seized evidence suffices for adjudication. The Petitioner faces no prejudice, as she can lead evidence in the complaint case,” it said. The JMFC Court had noted that all the facts and circumstances of the case were within the knowledge of the complainant and that the CCTV footage of Delhi Art Gallery and the paintings in question were already seized. It had dismissed Sachdeva's application filed under Section 175 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking directions to the concerned SHO for registration of FIR against top officials of the Delhi Art Gallery- the accused persons.In a tweet, Sachdeva said that she clicked pictures of the paintings last month and filed a complaint at Parliament Street police station. She alleged that there were nude paintings of Hindu deities.She said that during a visit with the IO concerned, the paintings were removed and it was claimed they were never displayed.She alleged that the Delhi Police had not registered an FIR against the Delhi Art Gallery and its Directors for exhibiting the offensive paintings.“It's unclear if the police have preserved the CCTV footage from 4th to 10th December, as requested in my application, to determine who removed the paintings and why,” she tweeted.Click here to read order

Delhi Court Refuses To Order FIR Against Exhibition Of 'Offensive' MF Husain Paintings On Hindu Deities

Nupur Thapliyal

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