A Delhi court has declined to issue an order for the registration of an FIR based on a plea alleging that two paintings of late artist and Padma awardee M F Husain offended religious sentiments.
In an order issued on Wednesday, Judicial Magistrate First Class Sahil Monga stated that all relevant facts and evidence, including CCTV footage from the Delhi Art Gallery and the paintings in question, had already been seized and were within the complainant’s knowledge.
“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,” news agency PTI quoted the judge as saying. The judge further added that the case could proceed before the court as a complaint case.
Court Directs Seizure Of M F Husain’s Two Paintings
According to a report by Indian Express, the court on Tuesday had directed the seizure of the two paintings displayed at the DAG after a complaint from advocate Amita Sachdeva, who discovered them “offensive”.
The FIR was registered 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 have proceeded as a complaint case henceforth. Let notice be issued to proposed accused persons in terms of the first proviso to Section 223 BNSS for 12.02.2025,” the court said in its order while issuing notice to the director and owner of DAG.
During a court hearing, Advocate Makrand Adkar argued while representing Sachdeva that MF Husain may be a renowned artist, but he had no right to disrespect Hindu deities through his work. “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 added.
Responding in a post on X, Sachdeva also said, “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.”
Demanding Justice: FIR & CCTV Preservation in the @DAGworld Offensive Paintings Case
On 04.12.2024, I clicked photos of offensive paintings displayed at @DAGworld at 22A, Windsor Place, Connaught Place, New Delhi, and filed a complaint on 09.12.2024 at Parliament Street PS after… pic.twitter.com/9RiRm2aRh6
— Amita Sachdeva, Advocate (@SachdevaAmita) December 13, 2024
Advocate Adkar further emphasised that the complainant was a firsthand witness to the allegedly offensive paintings, which were publicly displayed, contradicting the Delhi Police’s report that claimed they were shown in a private setting. He stressed that the public display of these paintings, seen by thousands, made Hindu deities the subject of mockery.
