Gulmarg fashion show: Srinagar court dismisses obscenity case against designers Shivan and Narresh, Elle

A Srinagar court recently refused to proceed with a complaint alleging that directors of luxury fashion brand Shivan and Narresh and Editor-in-Chief of Elle India magazine committed obscenity during a fashion show in Gulmarg..Special Mobile Magistrate Faizan-I-Nazar said the two models wearing skimpy clothes or swim wear in the broader scheme of the event did not attract the penal offence of obscenity and thus refused to take cognizance of the complaint. The Court observed that the 'Contemporary Community Standard' as laid down by the Supreme Court was required to be applied to determine obscenity in the case. "Two screenshots annexed with the complaint show one female and one male model in skimpy clothes. That is the sole fact appearing in complaint alleged to be obscene. Accused on the other hand has placed on record material which show that in fashion show several models participated and the above two models wearing skimpy clothes actually were showcasing swim wear for which the company of first accused has expertise," the judge noted. .The complaint had sought prosecution of directors of Shivan and Narresh and Elle India’s Editor-in-Chief under Sections 296 (obscene acts and songs) and 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of Bharatiya Nyaya Sanhita (BNS) and Section 50-A (drinking in public place) of the Jammu and Kashmir Excise Act, 1958..The plea was moved by Aadil Nazir Khan, the spokesperson of the Awami Ittehad Party, who alleged that the fashion show was obscene and inappropriate and was organized during the month of Ramadan, the month of fasting for Muslims.He also alleged that that show witnessed public consumption of alcohol which amounted to a violation of public decency and moral conduct during Ramzan. The fashion show, photographs of which had gone viral on the social media, had generated a huge controversy in Kashmir with Jammu and Kashmir Chief Minister Omar Abdullah having called for a report..The Court on March 11 had issued notice to the proposed accused to hear them in terms of Section 223(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) before deciding to take cognizance of the complaint.In the final judgment delivered on April 30, the Court said it cannot take cognizance of the offence of outraging of the religious sentiments without the sanction of the government."As the complainant has not placed on record sanction of appropriate Government thus the bar for taking cognizance of such offence operates. The complainant can renew, if law permits so, his complaint with respect to offence under section 299 BNS only after obtaining the sanction from the appropriate Government as stipulated in the section 217 BNSS, 2023. At this stage in absence of such sanction this court cannot proceed to take cognizance of such offence." .With regard to the consumption of alcohol at the event, the Court said the local law bars its from taking cognizance of any private complaints. It is only the Deputy Commissioner, police and other authorities under the Act who have locus to maintain a complaint under the J&K Excise Act, the Court said. However, it also noted that the hotel, where the event was held, had a permit to serve liquor."Four hour permit for severing liquor in connection with get together on 07.03.2025 in favour Nedous Hotel Gulmarg issued by Deputy Excise Commissioner (Executive) Kashmir Division on 01.03.2025 has been placed on record by accused. At the most complainant can bring the facts of alleged violation of such license or otherwise into the knowledge of competent authorities under the Act so that they can proceed to enquiry into the matter and file appropriate motion before the competent Court but in view of above bar this court cannot take cognizance of such offence as private complaint under the Excise Act is not maintainable.".Thus, the Court declined to proceed with the complaint. "In view of above discussion this Court deems it fit not to proceed further in the complaint and is, accordingly, disposed of as such," it ordered.Advocates Hasnain Khawaja and Naveed Bukhtiyar represented the complainant. Shivan & Naresh were represented by Advocates Saurabh Singh and Kunal Dutt of DMD Advocates along with advocates Vikas Malik, Areeba Ahad and Mushtaq Ahmad. Advocates Ravinder Singh, Dijvijay Singh, Khushboo Kohli, Ashiq Hussain Shah and Sameer-ul-Hameed represented Elle India..[Read Judgment]