A Delhi court has refused to direct a first information report on a plea alleging two paintings of late artist and Padma awardee M F Husain hurt religious sentiments and said no further probe was required.
Judicial magistrate first class Sahil Monga said all the facts and circumstances of the case were within the knowledge of the complainant, the CCTV footage of Delhi Art Gallery, and the paintings in question have already been seized.
"No further investigation and collection of evidences is required on the part of investigating agency at this stage, as all the evidences are in the possession of complainant as well as on record," said the court.
The matter, it went on, could proceed before the court as a complaint case and issued notice to Delhi Art Gallery Pvt. Ltd., its CEO and MD Ashish Anand, and director Ashwani Anand for February 12.
The judge observed that the police in its action taken report said the paintings in question were seized.
The report further said the commission of cognisable offence could not be ascertained, the judge noted.
The judge on January 20 ordered the seizure of the paintings displayed at the art gallery and reserved the order on FIR after hearing arguments.
The paintings feature Hindu deities Hanuman and Ganesh.
During the hearing on the plea, complainant and advocate Amita Sachdeva, said the most revered entities of Sanatan Dharma -- Hanuman and Ganesh -- were insulted in Husain's paintings.
"This is obscenity. Depicted most revered deities in obscene manner a deliberate and malicious insult. Husain may be the greatest artist in the world, but he has no right to insult my deities," she argued.
She claimed there was an advertisement and thousands of people saw the painting of "deities being ridiculed".
"Prima facie case is made out for exhibiting such offensive paintings for public viewing and hurting religious sentiments," added Sachdeva.
Ordering the seizure, Monga cited the police's action taken report, which said the investigating officer seized the security camera footage and the network video recorder of the art gallery.
The report said the art exhibition was held privately and the paintings, including the two in question, were only to display the original work of Husain.
"At this stage an application has been moved by complainant for direction to the IO to seize the painting in question. In light of the facts and circumstances mentioned in the said application, the said application is allowed and IO is directed to seize the said painting," the January 20 order said.
Husain, a recipient of Padma Vibhushan, India's second-highest civilian award, died in 2011.
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