The Patiala House Court has dismissed a plea seeking the registration of an FIR against the Delhi Art Gallery (DAG) and its officials regarding two paintings by the late artist MF Husain.
The petition alleged that the artworks hurt religious sentiments, but the court ruled no further investigation was required as all relevant evidence was already available.
The case was initiated by advocate Amita Sachdeva, who claimed that the paintings depicted Hindu deities Hanuman and Ganesha holding nude female figures, which she found offensive. During a visit to the DAG in Connaught Place on December 4, 2024, Sachdeva took photographs of the contentious artworks.
She then filed a formal complaint with the Parliament Street Police Station on December 9, 2024, after researching past legal cases against Husain for similar artwork.
Court’s Rationale
Judicial Magistrate (First Class) Sahil Monga reviewed the Action Taken Report (ATR) submitted by the police. The report included CCTV footage, a gallery inventory, and other evidence. The court observed that the paintings in question were listed in the gallery’s records under Serial Nos. 6 and 10.
The judge noted that all the evidence, including CCTV footage and the gallery’s records, was already in the complainant’s possession or on record. He stated:
“All the facts and circumstances of the case are within the knowledge of the complainant. CCTV footage of Delhi Art Gallery, NVR, and the paintings in question have already been seized. In the considered opinion of this court, no further investigation or evidence collection is required at this stage.”
The court further clarified that any additional investigation, if required, could be undertaken later under Section 225 of the Code of Criminal Procedure (CrPC). Consequently, the petition under Section 175(3) of the CrPC was dismissed.
Seizure of Paintings Ordered
Although the plea for an FIR was rejected, the court instructed the investigating officer to seize the disputed paintings and file a report on the seizure by January 22, 2025.
Timeline of Events
December 4, 2024: Advocate Amita Sachdeva visited the DAG and photographed the paintings.
December 9, 2024: A formal complaint was lodged with the Parliament Street Police Station.
December 10, 2024: During a follow-up visit, the paintings were removed, and gallery officials denied their display.
January 22, 2025: The investigating officer is required to submit a report on the seized paintings.
Conclusion
The court’s decision underscores that the investigation has adequately addressed the complainant’s concerns. It also highlights that any further legal steps would depend on future developments, if necessary.
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