Today, On 25th October, The Bombay High Court ordered Customs authorities to release artworks by renowned artists FN Souza and Akbar Padamsee that previously seized on grounds of alleged obscenity. The court held that the confiscation was unwarranted, affirming the works’ cultural and artistic value.
Mumbai: The Bombay High Court on Friday directed the Customs department to release artworks by celebrated artists F N Souza and Akbar Padamsee, which were seized last year on the grounds of “obscenity.”
A division bench comprising Justices M S Sonak and Jitendra Jain set-aside a July 2024 order by the Assistant Commissioner of Mumbai Customs that had confiscated the artworks. The court noted that Customs officials, lacking knowledge or expertise in art, were unable to distinguish between artistic expression and obscenity.
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Allowing the petition by B K Polimex India Pvt Ltd, owned by businessman and art enthusiast Mustafa Karachiwala, the bench ordered,
“The seized artwork shall be released immediately and not later than two weeks to the petitioner.”
The petitioner argued that the order to confiscate the artworks he had acquired was arbitrary and illegal, warranting its annulment. Earlier this week, the bench had prohibited the department from destroying the confiscated artworks linked to the July 1, 2024, order until further notice.
The petition stated that the seized items included works by esteemed artists F N Souza and Akbar Padamsee, both of whom have received prestigious awards from the Indian government.
Filed through advocates Shreyas Shrivastava and Shraddha Swarup, the petition challenged the Customs department’s classification of these artworks as obscene.
The petition noted,
“The subject work of art is a national treasure of modern art which needs to be given its due recognition. However, the Customs officials have failed to understand the significance of the art and have not distinguished between art and obscenity,”
It further argued that the order to seize the artwork violated the fundamental rights enshrined in the Constitution of India.
The petition contended that Customs should not have issued such an order given that its officials lack the understanding or qualifications related to art.
The petition stated,
“The Customs officials, having no understanding of or expertise in the field of art, have failed to differentiate between a work of art and obscene work. Every nude drawing or painting does not fall under the category of obscene material,”
The plea requested the quashing of the confiscation order and the release of the artworks.
In April of last year, Mumbai Customs seized a consignment of seven artworks, including a folio of four erotic drawings, one titled “Lovers” by Souza, citing obscenity.
The other three works, also withheld for the same reason, included a drawing named “Nude” and two photographs by Akbar Padamsee. Both Souza and Padamsee were members of the Progressive Artists’ Group, which introduced European modernism to Indian art, and their works are highly sought after by collectors in India.
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In 2022, Karachiwala, through his company BK Polimex Pvt Ltd, acquired the seven artworks at two separate auctions in London. However, upon their arrival in Mumbai, the special cargo Commissionerate of Customs seized the consignment in April 2023, claiming the artworks fell under the category of “obscene material,” preventing their clearance.
On July 1, 2024, the assistant commissioner of Customs issued an order confiscating the seized items in an “arbitrary and capricious manner” and imposed a fine of Rs 50,000 on the petitioner firm, according to the plea.