The Bombay High Court has passed a restraining order on the Customs department preventing it from destroying several artworks by noted artists F. N. Souza and Akbar Padamsee. The artworks were seized in 2023 over allegations of obscenity.  

On October 21, 2024, a Division Bench of judges comprising Justices M. S. Sonak and Jitendra Jain made an interim decision while reserving its final judgement on a petition filed by B.K. Polimex India Pvt Ltd., a company owned by Mumbai-based businessman and art collector Mustafa Karachiwala. The order was made available on Thursday (October 24, 2024).  

The petition challenges the legality of the July 1, 2024, order by the Customs department that confiscated the artworks, labelling them under the category of ‘obscene material’. The petition says the Assistant Commissioner of Customs in an arbitrary and capricious manner seized the artworks and imposed a fine of ₹50,000 on the petitioner’s firm.  

Advocates Shreyas Shrivastava and Shraddha Swarup, representing the petitioner, argued that the seizure was arbitrary, illegal, and in violation of the constitutional rights protecting artistic expression. “On what basis the Customs department came to a conclusion that the artworks are obscene,” they asked.  

“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 art and failed to differentiate between art and obscenity. Every nude drawing or painting does not fall under the ambit of obscene material,” the advocates argued. The petition sought the confiscation order to be quashed and to allow the artworks to be released.   

‘National value’

The advocates contended that the seized artworks are of renowned artists F.N. Souza and Akbar Padamsee who have been awarded with prestigious awards by the Indian government. The recognition of the artists’ work should not be overshadowed by misplaced perceptions of obscenity as the artworks hold national and cultural value, they argued.  

The Bench observed, “the Customs department is restrained from destroying the artworks confiscated pursuant to the impugned order dated July 1, 2024, until further orders.”  

In April 2023, the Mumbai Customs department seized a consignment of seven artworks that included a folio of four erotic drawings by artist Souza. Notably, one of them titled ‘Lovers’ by Souza, and three other pieces by artist Padamsee, one drawing titled ‘Nude’ and two photographs. Mr. Karachiwala’s firm acquired part of a consignment of seven artworks at two separate auctions in London. When the artworks were brought to Mumbai, the special cargo Commissionerate of Customs seized the consignment saying they were obscene material, and they did not pass the clearance.