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A Delhi court has dismissed a plea that sought an FIR against an art gallery in the Capital for displaying two paintings by late artist and Padma awardee M F Husain, which allegedly hurt religious sentiments, during an exhibition last year.
“The court does not find any illegality in the impugned order passed by the Ld. Magistrate, wherein the Ld. Magistrate has passed a reasoned order, while observing that the paintings as well as CCTV footage have already been seized and as such, no further investigation and collection of evidence is required at this stage, as the evidence is in the possession of the complainant as well as on record,” said Additional Sessions Judge Saurabh Pratap Singh Laler of Patiala House in his order dated August 19.
Advocate Makarand D Adkar, who represented complainant Amita Sachdeva, had moved the sessions court against a magistrate court order, which had refused to direct the registration of an FIR against DAG, formerly known as Delhi Art Gallery.
“In conclusion, the Impugned Order reflects a reasoned application of mind, aligning with statutory provisions and judicial precedents. No police investigation is required at this stage, as evidence is accessible,” the ASJ added.
“She (the complainant) approached the police and nothing happened…The learned magistrate judge didn’t consider the facts of the case,” Adkar had earlier argued. “Hundreds of cases were filed against Husain. Instead of facing law, he fled the country,” he had added.
In January, Judicial Magistrate First Class Sahil Monga of Patiala House Court refused to order an FIR against DAG. However, the court had earlier ordered a seizure of the “offensive” paintings. Till date, the paintings are kept at a malkhana (police store house).
Sachdeva had alleged in a post on X that she clicked photos of “offensive paintings displayed at DAG World” on December 4, 2024, and filed a police complaint on December 9 “after researching past FIRs against M F Husain”. “However, during a visit with the IO (investigating officer) on 10.12.2024, the paintings were removed and (it was) falsely claimed they were never displayed,” she had stated.
The counsel of the art gallery had argued, “The Magistrate didn’t commit any error. If you consciously go to a place, it can be an offence. If you’re placing something that is aimed at art lovers at an exhibition, it can’t be an offence. There needs to be a deliberate and malicious intent. Is it the lawyer who is posting these paintings or are we promoting it? We have never put it on social media.”
“The sketches were there for 30 days during the exhibition. Thousands of people saw the painting. No one except the complainant (Sachdeva) objected. Their concerns can’t be seen as the concerns of the whole community,” the counsel had said.
Adkar, on the other hand, had said that a case of Section 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) under the Bharatiya Nyaya Sanhita (BNS) was made out.
“Our gods have been insulted… They have been shown holding nude women. The complainant is the eyewitness, she herself took photos,” Adkar had said.
“Husain had earlier also made nude goddesses. There were multiple complaints against him… There was not even an apology. This is not the way to deal with Sanatan Dharma,” he had argued before the court. “Any obscene painting can be made and put in my bag. But the moment it leaves my bag, it becomes public. That’s where the problem lies… I’m just saying ‘spare my gods (Hindu gods)’.”
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