3 min readNew DelhiJan 23, 2025 10:11 PM IST
First published on: Jan 23, 2025 at 07:28 PM IST
A Delhi court Wednesday refused to order the registration of an FIR against DAG (formerly known as Delhi Art Gallery) for displaying two “offensive” MF Husain paintings in an exhibition.
“In the present case, all the facts and circumstances… are within the knowledge of the complainant. CCTV footage of Delhi Art Gallery, NVR, and the paintings in question have already been seized… no further investigation and collection of evidence is required on the part of the investigating agency at this stage, as all the evidence is in possession of the complainant as well as on record… The application u/s 175(3) of CrPC stands dismissed,” said Judicial Magistrate First Class, Sahil Monga, of Patiala House Court in his order dated January 22.
On Tuesday, the court had ordered the seizure of the two paintings displayed at the DAG following a complaint from advocate Amita Sachdeva, who found them “offensive”.
The FIR was sought under Bharatiya Nyaya Sanhita (BNS) Section 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs).
“This matter may be proceeded as a complaint case henceforth. Let notice be issued to proposed accused persons in terms of first proviso to Section 223 BNSS for 12.02.2025,” the court said in its order, issuing notice to the director and owner of DAG.
During the hearing on Wednesday, Advocate Makrand Adkar, representing Sachdeva, submitted in court that MF Husain may be the greatest artist in the world but he had no right to insult Hindu deities. “The most revered entities of Sanatan Dharm, Hanuman and Ganesh, were insulted in the paintings… This is obscenity. It is a deliberate and malicious attempt to insult Hindu deities,” he said.
Sachdeva also said in a post on X, “On 04.12.2024, I clicked photos of offensive paintings displayed at DAG World at 22A, Windsor Place, Connaught Place, New Delhi, and filed a complaint on 09.12.2024 at Parliament Street police station after researching past FIRs against M F Husain. However, during a visit with the IO on 10.12.2024, the paintings were removed and falsely claimed they were never displayed.”
Adkar argued that the complainant was an eyewitness herself and that the paintings were displayed in a public place as opposed to a private place, as mentioned in the inquiry report of the Delhi Police. “Thousands saw our deities… they were made objects of ridicule,” he had added.
In a statement Tuesday, DAG said it was reviewing the situation. It said it was not a party to any court proceedings thus far and was trying to follow the developments.
Established in 1993, DAG houses the most extensive collection of premodern and modern Indian art from the 18th century to the 20th century.
Delhi Art Gallery's controversial MF Husain paintings spark legal debate over religious offense. 
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