Srinagar Court Dismisses Obscenity Case Against Organisers Of Gulmarg Fashion Show
The court held that two models wearing skimpy clothes or swim wear in the broader scheme of the event does not attract the penal offence of obscenity as the attire alone doesn't qualify as obscene unless designed to arouse prurient interest.The court was hearing the criminal complaint against the organizers of a fashion show held in Gulmarg which alleged that the event featured obscene...
The court held that two models wearing skimpy clothes or swim wear in the broader scheme of the event does not attract the penal offence of obscenity as the attire alone doesn't qualify as obscene unless designed to arouse prurient interest.
The court was hearing the criminal complaint against the organizers of a fashion show held in Gulmarg which alleged that the event featured obscene content and public consumption of alcohol during holy month of ramadhan hurting the religious sentiments of Muslims.
The Special Mobile Magistrate Faizan Nazar relying on the community standards test from Aveek Sarkar v. State of West Bengal held that facts disclosed in the complaint if seen in the broader conrext of the event did not disclose the commission of an offence.
The court also noted that with respect to public consumption of alcohol that the Excise Act bars the cognizance of offence on the complaint made by private individuals and only the police or Deputy Commissioner has the locus standi to file complaint under the act.
The court noted that the Deputy Commissioner had issued a valid 4-hour liquor permit for the event and at best the complainant can file the complaint with concerned regarding violation of the said license who can thereafter conduct enquiry into the matter but private complaint cannot be filed.
The court also noted that on the offence of hurting religious sentiments (Section 299 BNS) that prior sanction from the State or Central Government under Section 217 BNSS is mandatory before taking Cognizance.
The court said no such sanction was produced by the complainant and in absence of sanction the court cannot proceed with cognizance.
The court dismissed the complain and held that no offences were made out under Sections 296, 299 BNS or Section 50-A of the J&K Excise Act.
The court said that the complaint did not meet the legal thresholds for obscenity, hurting religious sentiments, or unlawful alcohol use.
BACKGROUND:
The complainant filed a criminal complaint against the organizers of a fashion show held in Gulmarg in March 2025.
He alleged that the event featured obscene content, occurred during the holy month of Ramadan, and included public consumption of alcohol—all of which, he claimed, hurt the religious sentiments of Muslims, especially those in Kashmir.
The complaint invoked offences under Sections 296, 299 of the Bharatiya Nyaya Sanhita (BNS) (hurting religious sentiments and obscenity) and Section 50-A of the J&K Excise Act.
APPEARANCE:
Hasnain Khawja, Ld. Advocate & Mr. Naveed Bukhtiyar, Ld. Advocate for complainant
DMD Advocates, Mr.Vikas Malik, Ms. Areeba Ahad Mr. Mushtaq Ahmad, Ld. Mr. Ravinder Singh, Mr. Dijvijay Singh, Ms. Khushboo Kohli, Mr. Ashiq Hussain Shah,Sameer-ul-Hameed, Ld. Advocates. For accused
Case-Title: Adil Nazir Khan vs Directors Shivan & Narresh & Ors 2025