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Delhi court rejects FIR plea for MF Husain paintings, asks lawyer to present evidence

ByArnabjit Sur
Jan 23, 2025 06:35 PM IST

The magistrate said the evidence required to support the complainant’s allegations was already in her possession or had been seized by the police.

NEW DELHI: A Delhi court on Thursday dismissed a plea seeking the registration of a first information report (FIR) against top officials of DAG (formerly Delhi Art Gallery),for exhibiting two artworks by iconic painter MF Husain, ruling that the complainant could directly present the evidence to the magistrate.

The court has issued notices to the organisers of the exhibition and scheduled the next hearing for February 12. (Photo:newdelhi.dcourts)
The court has issued notices to the organisers of the exhibition and scheduled the next hearing for February 12. (Photo:newdelhi.dcourts)

The magistrate said the evidence required to support the complainant, Amita Sachdeva’s allegations was already in her possession or had been seized by the police.

“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,” said judicial magistrate Sahil Monga of Patiala House Court.

In her complaint, advocate Amita Sachdeva had sought directions to the police to register a first information report (FIR) against the organisers of an exhibition last month, alleging that two paintings of the celebrated artist that were on display were “obscene” depictions of Hindu gods and goddesses.

The court will now hear the matter as a complaint case, allowing Sachdeva to present the evidence directly to the magistrate.

Sachdeva claimed in her application that she came to know about the exhibition, “Hussain: The Timeless Modernist” and decided to visit it on December 4. On December 9, she filed a formal complaint at the Parliament Street Police Station. As the police did not find the paintings at the gallery, she subsequently filed a complaint at Patiala House court on December 12.

Her complaint sought action against the Director of DAG and preservation of CCTV footage of December 4, 6 and 10 - the dates when the exhibition took place. The two artworks were seized by the police on Wednesday after a Delhi court called for their confiscation earlier this week.

On Thursday, the court said that Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers a magistrate to direct police to register an FIR, should only be invoked judiciously and not where sufficient evidence is available to the complainant.

The court has issued notices to the proposed accused and scheduled the next hearing for February 12.

DAG, which has denied the allegations and emphasised its commitment to artistic freedom, on Thursday said: “It was observed by the Magistrate that she may pursue her remedy in a private complaint, meaning that her personal grievance need not merit the involvement of any State investigation agency. DAG strongly opposes the complainant’s unfounded allegations and shall call out her attempt to launch a malicious prosecution against DAG, when called upon by the court to do so. DAG also intends to pursue its own legal remedies against the complainant for the false and mala fide accusations made by her.”

Husain was conferred with the Padma Shri in 1966, the Padma Bhushan in 1973 and India’s second-highest civilian award the Padma Vibhushan in 1991. He faced several lawsuits over his works, particularly from fringe Hindu groups. He died in 2011 in London at the age of 95.

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