Court nixes complaint against Gulmarg fashion show | India News
SRINAGAR: A Srinagar court has dismissed a case of obscenity and hurting religious sentiments against designers Shivan and Narresh and unidentified models over a fashion show held on ski resort Gulmarg’s snowy slopes this March.
The court observed that the complaint, which included two screenshots showing one male and one female model in skimpy clothing, did not meet the legal standard for the offence of obscenity “in the broader scheme of the event”. The March 7 fashion show, during the holy month of Ramadan, had stirred a row and a political storm in Muslim-majority J&K, with chief cleric Mirwaiz Umar Farooq leading the offensive.
“The complainant has affixed two screenshots showing one female and one male model in skimpy clothes. That is the sole fact appearing in the complaint alleged to be obscene. Accused on the other hand has placed on record material which show that in the fashion show several models participated, and the two models wearing skimpy clothes actually were showcasing swim wear for which the company of first accused has expertise,” special court judge Faizan Nazar held in his order on Thursday.
Adil Ahmad Khan, a civilian, had filed the complaint, also naming the editor-in-chief of Elle India magazine, which ran Instagram reels from the show.
The judge also dismissed claims of “outraging religious feelings”, observing that no court could take cognisance of a complaint filed by a private person in an offence under Section 299 of the Bharatiya Nyaya Sanhita (BNS) (which prohibits insulting religious beliefs) without the prior sanction of the central or state govt.
Mirwaiz had slammed the event as “outrageous” and “obscene.” Governing National Conference (NC) MP and Shia cleric Aga Ruhullah Mehdi called the show “shocking”. BJP’s J&K president Sunil Sharma blamed chief minister Omar Abdullah, saying the models and designers stayed at Nedous Hotel, owned by the CM’s relatives.
Omar had acknowledged the hotel belonged to his relatives but denied any involvement with the show. Designer duo Shivan and Narresh issued an apology on March 9, saying their sole intention was to “celebrate creativity without any desire to offend anyone or religious sentiments”. Elle India responded by deleting the 0.35-second Instagram. reel.
Despite the apologies, Khan filed the court complaint, saying he was “deeply hurt”. The fashion show, including its attire, choreography and behaviour of the participants were obscene and offensive, with its contents explicitly sexualised and disrespectful to the religious and cultural sensibilities of Muslims and Kashmiri culture in the holy month of Ramadan, Khan argued.
Khan had also alleged offences under J&K Excise Act, 1958, which proscribes drinking in public or places of worship. The judge rejected this charge, saying the law barred taking cognisance of private complaints. The court further pointed out that Nedous Hotel had a four-hour permit for serving liquor on the day of the show.
