Delhi Court Reserves Order on Plea Against MF Husain’s Alleged Obscene Art

The plea challenges Magistrate’s refusal to order FIR over MF Husain’s artwork, arguing key evidence was overlooked despite being in her possession or seized;

Update: 2025-07-19 09:52 GMT

A Delhi Court on Friday reserved its order on a revision petition challenging a magistrate’s refusal to direct registration of an FIR against Delhi Art Gallery (DAG) for allegedly displaying obscene paintings by renowned late artist M.F. Husain.

Additional Sessions Judge (ASJ) Saurav Pratap Singh Laller reserved the judgment after hearing arguments from both sides and fixed August 4 as the date for pronouncement.

The plea, filed by Advocate Amita Sachdeva, assails a January 23 order of the Magistrate Court that had dismissed her application under Section 175(3) CrPC, stating that no further investigation was required as all material evidence was already in the complainant’s possession or had been seized.

During the hearing on Friday, the Counsel for the respondents placed on record a Delhi High Court judgment in favour of M.F. Husain.

In response, the Revisionist argued that the cited judgment pertained to Husain’s controversial painting of Bharat Mata, while the present dispute relates to allegedly obscene depictions of Hindu deities Hanuman and Ganesha, making the ruling inapplicable.

Advocate Makarand D. Adkar appearing for Sachdeva argued that one of the artworks portrayed “our god holding a nude woman,” which amounted to an “insult” to the faith.

The DAG, however, contended that the exhibition ran for 30 days without any public objection except Sachdeva’s, and that “individual perception cannot substitute for societal concern.”

The Court has directed the revisionist to file written submissions in support of her arguments.

The original complaint arose after Sachdeva visited DAG’s Connaught Place branch on December 4, 2024, and allegedly saw the contentious artworks. She filed a police complaint on December 9 after documenting the paintings and referring to past FIRs registered against Husain for similar work.

During a follow-up visit with the investigating officer, she claimed the artworks had been removed, though the gallery denied ever displaying them.

The Action Taken Report submitted by the police confirmed that two paintings, listed as Serial Nos. 6 and 10, matched the complainant’s photographs.

However, the Magistrate, relying on the ATR and CCTV footage already seized, concluded that no further probe was warranted at that stage, noting that if necessary, Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) could be invoked later.

The matter now awaits the Sessions Court’s final decision on August 4.

Case Title: Amita Sachdeva v. State of NCT of Delhi and Ors.

Hearing Date: July 18, 2025

Bench: Additional Sessions Judge (ASJ) Saurav Pratap Singh Laller

[Inputs: ANI]

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