Srinagar: A court here has deemed it fit to not proceed with a complaint alleging obscenity and hurting religious sentiments of Muslims besides public consumption of alcohol at a fashion show held at Gulmarg this year in March.
The fashion show involving Shivan & Narresh, Editor-in-Chief ELLE India and unknown models was held at the ski resort in early March to showcase their skiwear collection to mark the 15th anniversary of their label.
The complainant had sought action under Section of 296, 299 of the Bharatiya Nyaya Sanhita (BNS), and 50 A of the Jammu and Kashmir Excise Act, 1958, for obscenity, hurting religious sentiments during the month of Ramzan and publicly consumption of alcohol.
The court of Special Mobile Magistrate Srinagar, Faizan-I-Nazar passed the order stating that no offences on the facts stated in the complaint are made out.
The accused had placed copies of drone permission from Additional Deputy Commissioner Baramulla, dated 28 February 2025; and 4-hour permit for serving liquor in connection with get together in favour of Nedous Hotel Gulmarg issued by Deputy Excise Commissioner (Executive) Kashmir Division for demonstrating that no offences as alleged has been committed.
“…two models wearing skimpy clothes or swim wear in the broader scheme of the event does not attract the penal offence of obscenity so far as facts disclosed in the complaint pertain hence cognizance cannot be taken of such offence,” the court said.
Regarding the offence under Section 299 BNS which proscribes deliberate malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs, the court said, “…section 217 of BNSS, 2023 states that no court shall take cognizance inter alia of offence under section 299 BNS except with the previous sanction of the Central Government or of the State Government.”
As regards the offence stated to be committed by accused under Section 50-A of the Jammu and Kashmir Excise Act 1958 which proscribes drinking in public or any place of worship, the court said that proviso to sub section (2) of section 45 of the Act bars the cognizance of offence under the Excise Act on the complaint made by private individuals. It is only the Deputy Commissioner, police and other authorities stated under the Act who have the locus to maintain a complaint under the Excise Act, the court said.
After discussing all the points in detail, the Judge ordered: “…..this Court deems it fit not to proceed further in the complaint and is, accordingly, disposed of as such.
On the question of offence intended to outrage religious feelings the court cited the section 217 of BNSS, 2023 stating that no court shall take cognizance inter alia of offence under section except with the previous sanction of the Central Government or of the State Government.
It said as the complainant has not placed on record sanction of appropriate Government thus the bar for taking cognizance of such offence operates.
