HC declines plea for FIR over MF Husain’s paintings

The Delhi High Court has refused to direct the registration of a first information report (FIR) against a Delhi art gallery for exhibiting two paintings by MF Husain, which were alleged to have hurt Hindu sentiments.

Justice Amit Mahajan held that the matter was already before a trial court, which had decided to treat the complaint as a private complaint case rather than order immediate police investigation.

The petitioner, advocate Amita Sachdeva, had moved the HC challenging concurrent orders of a magistrate and an additional sessions judge refusing to direct the police to register an FIR. She argued that the display of the paintings in December 2024 amounted to an offence and that police investigation was necessary to preserve evidence and establish culpability.

Rejecting the plea, the HC said, “At this stage, no specialised police investigation is necessary to ascertain the existence of the offence. Questions of authenticity, intent, or possible tampering can be considered at the time of trial, and if any further assistance is required, the learned Trial Court retains the power under Section 225 of the BNSS to requisition police aid.” It noted that the paintings and CCTV footage had already been seized by the investigating agency.

Sachdeva’s complaint stemmed from her visit on December 4, 2024, to an exhibition titled “Hussain: The Timeless Modernist” hosted at the Delhi Art Gallery. She claimed that two displayed works depicted Hindu deities in an offensive manner. The police accompanied her to the gallery on December 10 but by then the paintings had been removed.