A Delhi court has dismissed a plea seeking the registration of a First Information Report (FIR) over the display of paintings by artist M.F. Husain at an art exhibition, which a visitor alleged had hurt religious sentiments.
The court, however, allowed the complaint against the officials of the Delhi Art Gallery to proceed, marking the case as a complaint trial.
Judicial magistrate First Class Sahil Monga ruled that no further investigation or collection of evidence by the police was necessary at this stage. “In the considered opinion of this court, all relevant pieces of evidence are already available with the complainant and are on record. If additional evidence becomes necessary later, Section 225 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can be utilized,” the magistrate noted.
The plea, which had sought the court’s direction to the Delhi Police to file an FIR, was rejected.
Advocate Amita Sachdeva, the complainant, had filed a police report after attending the art exhibition. She argued that the Delhi Art Gallery had committed offenses under Section 299 of the BNSS and other provisions by showcasing paintings that allegedly insulted religious sentiments and incited communal hatred. Sachdeva urged the court to intervene and direct the police to take action.
However, in its status report, the Delhi Police stated that no cognizable offense could be established during their inquiry into the matter. The police clarified that the evidence and circumstances did not support the allegations of criminal wrongdoing.
The court emphasized the importance of exercising discretion when ordering the registration of an FIR. “The power to register FIRs must be used judiciously and not mechanically. In cases where the complainant already possesses all the evidence necessary to substantiate their claims, there is no need to issue orders under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita,” the court remarked.
Despite rejecting the plea for an FIR, the court allowed the case to proceed as a complaint matter. It issued a notice to the Delhi Art Gallery and scheduled the next hearing for February 12.
The magistrate’s decision was based on a detailed consideration of the Delhi Police’s status report, the complainant’s submissions, and the documents presented during the proceedings.
