Delhi Court Refuses FIR Over Exhibition Of 'Offensive' MF Husain Paintings On Hindu Deities

A Delhi Court has dismissed 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 dispute arose after a complaint was lodged by a lawyer Amita Sachdeva.

JMFC Sahil Monga of Patiala House Courts 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.

“In the considered opinion of this court, no further investigation and collection of evidences is required on the part of investigating agency at this stage, as all the evidences are in the possession of complainant as well as on record, and if the same is required at later stage, then Section 225 BNSS can be resorted to,” the Court said.

The Court 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.

The judge noted that the compliance report regarding the seizure of paintings was filed by the IO stating that the paintings were seized and kept in Malkhana.

The action taken report of the Delhi Police stated that commission of cognizable offence could not be ascertained.

After carefully perusing the complaint as well as the annexed documents and the status report, the Court said:

“In the present facts and circumstances, the application u/s 175(3) of Cr.P.C. stands dismissed. This matter may be proceeded as a complaint case henceforth.”

The Court issued notice to the proposed accused persons in terms of first proviso to Section 223 of BNSS for February 12.

Earlier, the judge had ordered seizure of the two paintings in question while allowing Sachdeva's plea under Section 94 of Bharatiya Nagarik Suraksha Sanhita, 2023.

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.