The seven paintings that caused controversy. They were created by famous painters FN Souza and Akbar Padamsee.
The Bombay High Court, while arguing over paintings on Friday, said not all nude paintings could be termed obscene. There is a difference between sex and obscenity. The court ordered the release of the painting seized by customs.
The case dates back to April 2023. In fact, BK Polymax India Private Limited, a company owned by Mumbai businessman Mustafa Karachiwala, had brought 7 paintings from London to Mumbai. Where customs confiscated the paintings and said they promoted nudity.
Mustafa Karachiwala’s company has filed an appeal in the High Court against this decision of the customs department. The bench comprising Justices MS Sonak and Jitendra Jain reprimanded the customs department officials and ordered the return of the painting within 14 days.
The petitioner asked: how was the painting considered obscene? Lawyers Shreyas Srivastava and Shraddha Swaroop filed the petition on behalf of Mustafa Karachiwala. The petition asked how the painting could be considered obscene.
The petitioner argued that art is a national treasure that deserves due recognition. However, customs officials failed to understand the importance of art and failed to differentiate between art and obscenity.
The court said that a person’s personal opinion cannot be imposed on others. The court said: “Not all paintings of nudes or all paintings depicting sexual positions can be termed obscene. Although it is not necessary for everyone to like such a painting, the personal opinion, likes and dislikes of a government official cannot be imposed on anyone else.
The High Court further said that he (the Deputy Commissioner) did not bother to seek expert opinion on the subject nor did he consider the report, expert opinion and others documents provided by the petitioner.
Paintings by famous painters FN Souza and Akbar Padamsee The seven seized paintings were created by the famous painters FN Souza and Akbar Padamsee. In 2022, Karachiwala, through his company BK Polymax Private Limited, purchased these paintings in two separate auctions held in London. These were confiscated when brought to India. Furthermore, a fine of Rs 50,000 was also imposed on the company.