The Delhi High Court on Wednesday refused to direct the registration of an FIR in connection with allegations that two paintings by late artist and Padma awardee M.F. Husain had hurt religious sentiments.
Justice Amit Mahajan dismissed the plea, observing that no investigation was required in the matter since all material was already before the court. “Everything is already before the court. It has to decide whether sentiments were hurt. Where is probe required in this,” the judge remarked, rejecting the application.
The application was moved by advocate Amita Sachdeva, challenging a trial court’s decision that no further investigation was necessary. The magistrate had earlier ruled that the case could proceed as a complaint case, without the need for a police probe.
Before the high court, Sachdeva expressed her inability to pursue the case independently. “I will have to find out who visited the gallery, to find out those whose sentiments were hurt,” she told the bench.
The complaint before the trial court sought prosecution of an art gallery for displaying Husain’s two paintings, which depicted Hindu deities Hanuman and Ganesh. The complainant alleged that the display of these works was offensive to religious sentiments and warranted criminal action.
Reiterating that the issue was a matter of legal determination and not investigation, the high court upheld the trial court’s approach. The dismissal effectively leaves the complainant to continue pursuing the matter as a private complaint case rather than through a state-led criminal investigation.
