Read Time: 03 minutes

Synopsis

The Bombay High Court has directed the Customs Department to release the artworks of F.N. Souza and Akbar Padamsee, observing that not every nude depiction is considered obscene.

“Every nude painting or every painting depicting some sexual intercourse poses cannot be styled as obscene,” the order reads.

The division bench of the High Court, comprising Justice M.S. Sonak and Justice Jitendra Jain, was hearing a petition filed by B.K. Polimex India Pvt. Ltd., challenging an order by the Assistant Commissioner that confiscated the artwork.

Mustafa Karachiwala, through his company B.K. Polimex India Pvt. Ltd., had purchased the artwork in an auction in London and later brought it to Mumbai.

When he attempted to ship the paintings through consignment, Customs officials seized the artwork, claiming it was obscene material.

The bench had previously directed the officials not to destroy the artwork until further orders. F.N. Souza and Akbar Padamsee are renowned artists who have received awards from the Indian Government.

The petitioner argued that the Customs officials failed to distinguish between art and obscenity, claiming that the seizure of the artwork violated fundamental rights under the Constitution.

The bench quashed the Customs Department's order, noting that the department had neither sought an expert opinion on the matter nor reviewed the reports, expert opinions, and other materials submitted by the petitioner to support its case.

The bench directed that the paintings be released within two weeks from the date of the order.