MF Hussain painting row: Patila House Court dismisses plea seeking case against Delhi Art Gallery
Delhi’s Patiala House Court on Thursday dismissed a plea seeking FIR against the Delhi Art Gallery and its directors for displaying two controversial paintings created by celebrated painter MF Husain on Hindu deities.
The court had, on Wednesday, reserved the order on the application filed by lawyer Amita Sachdeva.
On Thursday, the court said that it is settled law that the magistrate has the power to direct the police to register a case and investigate the matter, but this power is to be exercised judiciously and not in a mechanical manner.
All the facts and circumstances of the case are within the knowledge of the complainant, it added. CCTV footage of the Delhi Art Gallery, the network video recorder (NVR) and the paintings in question have already been seized.
In the court’s considered opinion, no further investigation and collection of evidence is required on the part of the investigating agency at this stage, as all the evidence is in the possession of the complainant as well as on record.
The court issued a notice to the proposed accused persons stating that the matter will now be proceeded as a complaint case.
It was maintained in the inquiry report that the exhibition was held in a private space and the said paintings were only to display the original work of authors/artists.
On December 18, the court allowed an application filed for production and preservation of CCTV footage from all the cameras installed at the exhibition gallery located at 22A, Windsor Place, Connaught Place, New Delhi.
The investigation officer was directed to preserve the CCTV footage of December 4, 2024 between noon and 01.00 pm and produce the same before the court on the same date.
The complainant, Amita Sachdeva, had earlier, through a social media post, said that she clicked photos of offensive paintings at the Delhi Art Gallery and also filed a complaint.
