Court refuses to order FIR against Delhi art gallery for displaying ‘offensive’ MF Husain paintings
Observing that no further investigation was needed at this stage, the judicial magistrate directed the complainant to file a formal complaint.
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A Delhi court on Thursday refused to order a first information report against an art gallery in the national capital for displaying allegedly offensive paintings by late artist MF Husain, The Hindu reported.
The court said that the complainant, advocate Amita Sachdeva, already had the evidence required to prove her allegations.
Judicial Magistrate Sahil Monga of Patiala House Court directed the complainant to proceed with the matter as a complaint case. This involves filing a formal complaint that may lead to judicial scrutiny and a potential inquiry.
“In the present case, all the facts and circumstances of the case are within the knowledge of the complainant,” the court said. “CCTV footage of Delhi Art Gallery, and the paintings in question have already been seized. Hence, no further investigation and collection of evidence are required on the part of the investigating agency at this stage.”
The court said that if registration of an FIR becomes necessary later, Section 225 of the Bharatiya Nagarik Suraksha Sanhita could be applied, which provides a procedure for the magistrate regarding the postponement of the issuing process against an accused upon receiving a complaint.
The section specifies conditions under which the magistrate can postpone the process and direct the investigation.
In a statement on Thursday, DAG, formerly called the Delhi Art Gallery,...