A Delhi court has refused to register an FIR against the art gallery for showcasing two “offensive” paintings of famed painter MF Hussain.
Judicial Magistrate (First Class) Sahil Monga of Patiala House Court in its January 22 order stated that since the CCTV footage of the Delhi Art Gallery and the paintings in question had been seized, no further investigation was required.
“In the present case, all facts and circumstances of the case are within the knowledge of the complainant. CCTV footage of the Delhi Art Gallery, NVR (Network Video Recorder) and the paintings in question have already been 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 evidences are in the possession of the complainant as well as on record,” the order read.
It further noted that if it is required at a later stage, then Section 225 BNSS (postponement of issue of process) can be resorted to.
The court reserved the order on Wednesday on the petition filed by advocate Amita Sachdeva, who alleged that the paintings depicted Hindu deities in nude forms, causing outrage to religious sentiments.
The complainant stated that she photographed the contentious artworks during a visit to the gallery in December and lodged a complaint with the police. However, no FIR was registered, and the paintings were reportedly removed on her subsequent visit. The gallery officials, meanwhile, denied displaying the alleged artworks.
Sachdeva argued that despite Hussain’s stature as a globally acclaimed artist, his work cannot justify insulting religious beliefs. The plea sought the registration of an FIR under Section 299 of the BNS (deliberate and malicious acts intended to outrage religious feelings).
Earlier this week, the court had directed the Delhi Police to seize photographs of the artworks in question.
Meanwhile, after the court ordered the seizure of the paintings in question, the Delhi Police in their action taken report (ATR) informed the court that both paintings had been seized and are currently in police malkhana.
