Delhi court rejects plea seeking FIR against gallery officials MF Husain art

The case is over the display of two allegedly “obscene” artworks by acclaimed artist MF Husain at an exhibition last year

A Delhi court on Thursday dismissed a plea seeking the registration of a first information report (FIR) against the chief executive officer (CEO) and managing director (MD) of DAG, formerly known as Delhi Art Gallery, over the display of two allegedly “obscene” artworks by acclaimed artist MF Husain at an exhibition last year.

MF Husain. (HT Archive)

Judicial magistrate Sahil Monga of Patiala House Court ruled that the complainant, advocate Amita Sachdeva, who claimed the artworks offended her religious sensibilities, must substantiate her allegations rather than initiating a criminal investigation. The court procedure now requires Sachdeva to establish the threshold for the initiation of criminal prosecution.

In his order, the magistrate stated that the evidence required to support the complainant’s allegations is already in her possession or has been seized by the police. These include CCTV footage, the paintings in question, and other relevant material.

The court’s refusal to order an FIR against DAG underscores the legal threshold required to balance artistic freedom with allegations of causing religious offence. The case will now proceed as a complaint case, entailing examination of the complainant as well as proposed accused, and the scrutiny of evidence before the magistrate rules.

Citing legal precedent, the court maintained 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.

“In the present case, all the facts and circumstances of the case are within the knowledge of the complainant. CCTV footage, 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 evidence is required on the part of investigating agency at this stage... The application under Section 175(3) of CrPC stands dismissed,” stated the order, adding that the case may proceed as a complaint case. Notices have been issued to the proposed accused for further proceedings on February 12, 2025.

Sachdeva filed the complaint after attending the exhibition titled “Husain: The Timeless Modernist” at DAG last December. She alleged that two of the paintings – one depicting Lord Ganesha with a naked female figure on his lap, and another showing Lord Hanuman holding a naked female figure – outraged the religious sentiments of Hindus.

Following the complaint, the Delhi Police, acting on the court’s directions, seized the paintings earlier this week and stored them in the evidence room. Sachdeva also sought the preservation of CCTV footage from the exhibition held on December 4, 6 and 10, alleging that DAG tampered with evidence by removing the paintings shortly after she raised objections.

DAG, in a statement issued on Thursday, “strongly opposed the complainant’s allegations,” and said it “...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.”

DAG denied the allegations, emphasising its commitment to artistic freedom. The gallery asserted that the paintings were acquired through legitimate channels, and cleared customs upon entry into India.

“DAG categorically denies any wrongdoing as alleged by the complainant, who has publicly displayed and disseminated images of the drawings on social and mainstream media. Ironically, this act appears to contradict her claim of being offended by the same images,” the gallery said.

DAG further pointed out that approximately 5,000 visitors attended the exhibition between October and December 2024, and no one apart from the complainant raised objections to the artworks.

During the proceedings before the court, Sachdeva’s counsel, senior advocate Makrand Adkar, contested the police’s classification of the gallery as a private space, arguing that the exhibition was public in nature and widely advertised. Adkar also accused DAG of criminal tampering with evidence by removing the paintings after the issue was flagged.

Meanwhile, the Delhi Police, in its action taken report (ATR), maintained that no cognisable offence has been made out. The ATR also confirmed the seizure of the paintings and preservation of CCTV footage, but it did not recommend registering an FIR. Magistrate Monga held that the ATR’s conclusions could be examined during the trial phase.

MF Husain remains a polarising figure in Indian art. His works have sparked numerous controversies, particularly for their depiction of Hindu deities in unconventional forms. Husain, who was conferred with the Padma Shri, Padma Bhushan and Padma Vibhushan, died in London in 2011.