Court junks plea seeking FIR over M F Husain paintings

New Delhi, Aug 21 (PTI) A Delhi court has dismissed a plea against an order refusing to direct an FIR over the allegations that two paintings of late artist and Padma awardee M F Husain hurt religious sentiments.

Additional sessions judge Saurabh Partap Singh Laler heard a revision petition filed by advocate Amita Sachdeva against the order of the magisterial court on January 22, which said no further probe was required.

The magisterial court said the matter could proceed before it as a complaint case.

It then issued notice to Delhi Art Gallery Pvt. Ltd., its CEO and MD Ashish Anand, and Director Ashwani Anand.

In an order dated August 19, the sessions court dismissed the plea and said the magistrate’s order reflected "a reasoned application of mind, aligning with statutory provisions and judicial precedents".

"No police investigation is required at this stage, as evidence is accessible, and Section 225 of the Bharatiya Nagarik Surkasha Sanhita (postponement of issue of process) provides an adequate mechanism for any future inquiry," it added.

The court said the primary ground for challenging the order that "a police investigation was essential" did not withstand scrutiny.

The seized paintings and exhibition records, the order said, along with CCTV footage, served as direct evidence of the visible representations, without requiring specialised forensics.

“Here, such circumstantial proof is readily available on record and can be adduced through witness examination or documentary evidence, obviating the need for police-led inquiries into motive. In this case, the ingredients can be substantiated through existing materials, rendering any further police investigation superfluous at this juncture,” the court held.

It said the magistrate had rightly noted that the matter did not involve complex facts requiring extensive police resources at the present stage and underlined the “absence of grave allegations or prejudice.” The police was stated to have conducted an inquiry in the matter and found no cognisable offence, followed by the magistrate independently assessing the conclusion. PTI MNR MNR AMK AMK