JAGDISHCHANDRA L OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Special Civil Application was registered as a suo motu petition on a letter addressed to this Court. It was stated in the said letter that an exhibition of paintings by respondent No.4, Mohsin Shaikh, was held on 21/11/1998 at Ravishanker Raval Art Gallery, Ahmedabad. As per the said letter, the pictures exhibited in the said exhibition were pornographic and depicted naked human couple, which was obscene. The author of the letter, therefore, requested this Court to take appropriate actions against the painter and also against the respondent No.2, Times of India, for reproduction of a picture in its Daily, "Times of India".

(2.) Notices were issued by this Court, pursuant to which the respondents appeared. Respondent No.4 has filed an affidavit on 12/12/1998. In the said affidavit, he has stated that it was not correct to describe the exhibition as a pornographic show, as it is sought to be contended in the letter. The deponent has asserted that he is an Artist, having qualification of Post-graduate Diploma of Creative Paintings from the State of Gujarat. He is in the field of art since last 20 years. His paintings have been displayed on permanent basis at several important places, including the Prime Minister's residence at New Delhi, Governor's official residence at Gandhinagar, official residence of the Chief Minister of Gujarat, in the Legislative Assembly of Gujarat and in almost all Circuit Houses in the State. His paintings find place in many industrial Houses also. He has held several exhibitions and important dignitaries, including Governors, former Prime Minister, and Speakers have appreciated his work of art. It is his say that the exhibition at Ravishanker Raval Art Gallery was visited by a number of important dignitaries and has received glowing tributes and acclamations. He has given some names who visited the exhibition. His work has been appreciated by Media.

(3.) Regarding the picture in question, he had denied that it was pornographic. He has stated that he felt sorry when some persons got such impression. At the most, it was a subjective approach of the viewer, but in the field of art, it could not be said to be of a pornographic nature. Finally, he had stated that it was not his intention to keep any pornographic show and the petition deserves to be dismissed.