The petitioner had asked that an FIR be lodged against the Delhi Art Gallery for displaying two “objectionable” paintings by Padma awardee M.F. Hussain.
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A Delhi court has dismissed a revision petition seeking registration of an FIR against the Delhi Art Gallery (DAG) for displaying two allegedly objectionable paintings by Padma awardee M.F. Hussain.
In an order dated August 19, Additional Sessions Judge Saurabh Partap Singh Laler of Patiala House Courts upheld a January ruling by Judicial Magistrate (JM-I) Sahil Monga, who had refused to direct the police to investigate the matter. The magistrate had noted that the complainant already possessed all the evidence required to substantiate her allegations, making further investigation unnecessary.
“Having perused the record, including the impugned order, ATRs, seized evidence, and submissions, this court finds no merit in the revision petition. The primary ground for challenge – that police investigation is essential – does not withstand scrutiny. The discretion under Section 175(3) BNSS must be exercised judiciously, with application of mind, and not mechanically,” the court observed.
It added that the magistrate’s order reflected a reasoned application of mind, consistent with statutory provisions and judicial precedents. “No police investigation is required at this stage, as evidence is accessible, and Section 225 BNSS provides an adequate mechanism for any future inquiry. The criminal revision petition is dismissed. The proceedings before the learned JMFC shall continue as per law,” the order stated.
The court also noted that the allegations, while sensitive, concerned artworks displayed in a private gallery, not acts of public incitement or violence. “No communal unrest is reported, and the seized evidence suffices for adjudication. The petitioner faces no prejudice, as she can lead evidence in the complaint case,” it said.
‘Driven by agenda’
The matter stems from a complaint filed by advocate Amita Sachdeva, who claimed she photographed the “offensive” paintings during a visit to DAG in December last year. She said that despite approaching the police, no FIR was lodged, and during a later visit, she found the paintings had been removed. Gallery officials, however, deny the display of the artworks in question.
Ms. Sachdeva had sought an FIR under Section 299 of the Bharatiya Nyaya Sanhita (BNS) for “deliberate and malicious acts intended to outrage religious feelings of any class.”
DAG authorities have denied any wrongdoing, asserting their commitment to artistic freedom and alleging that the complainant was “principally driven by a religious agenda”.
According to her profile on X, Advocate Sachdeva has pledged to pursue legal action against anyone who “insults Sanatan Dharma”.
Published – August 22, 2025 01:34 am IST
