A Delhi court has rejected a plea seeking an FIR on the display of M.F. Husain paintings at an exhibition that a visitor alleged had hurt religious sentiments.
The court, however, agreed to proceed with the complaint against Delhi Art Gallery
officials.
“In the considered opinion of this court, no further investigation and collection of evidence is required on the part of the investigating agency at this stage, as all the pieces of evidence are in the possession of the complainant as well as on record, and if the same is required at a later stage, then BNSS Section 225 can be resorted to,” said judicial magistrate first class Sahil Monga.
Magistrate Monga rejected the plea seeking an FIR.
Advocate Amita Sachdeva, who had lodged a police complaint after visiting the exhibition, had urged the court to direct the Delhi police to register a case against Delhi Art Gallery for committing offences under BNS Section 299 and other relevant provisions by displaying offensive paintings and inciting communal hatred. But the police in its action-taken report stated that “commission of cognisable offence could not be ascertained”.
The court also made it clear that the power to register FIRs should be exercised judiciously but not in a mechanical manner. “In the matters where the complainant has in his/her possession all the evidence required to prove his/her allegations, there should be no need to pass an order under Section 175 (3) of the Bharatiya Nagarik Suraksha Sanhita,” the court said.
It, however, said the matter may proceed as a complaint case and issued a notice to Delhi Art Gallery. The court listed the matter for further hearing on February 12.
The court took note of the Delhi police’s status report, the complainant’s argument and other documents.