Srinagar: A Court in Srinagar has dismissed a complaint alleging that the designer duo Shivan & Narresh, ELLE India’s Editor-in-Chief, and unnamed models, committed obscenity during a fashion show held at the famous ski resort of Gulmarg.
The controversy stems from a skiwear fashion show held on March 7 in snowy Gulmarg that triggered massive outrage in Kashmir, with political and religious leaders condemning the event as “obscene” and demanding accountability. The organisers later tendered an unconditional apology for the fashion show.
After the outrage, a complainant was filed in a Srinagar court by Aadil Nazir Khan, a leader of the Awami Ittehad Party, who alleged that the fashion event featured obscene content, insulted religious sentiments, and involved public consumption of alcohol.
Khan, represented by advocates Hasnain Khawja and Naveed Bukhtiyar, claimed the fashion show was “offensive and explicitly sexualized,” especially since it took place during the holy month of Ramadan. He sought prosecution under Sections 296 and 299 of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 50-A of the J&K Excise Act.
The Srinagar court later issued a pre-cognizance notice to the accused named in the complaint.
The accused, through their legal counsels, filed detailed responses before the court and rebutted the charges, submitting event permissions and alcohol service licences issued by local authorities.
They also placed on record before the court copies of permission for serving liquor issued by Deputy Excise Commissioner (Executive) Kashmir Division.
Special mobile magistrate, Srinagar, railway magistrate, Kashmir Faizan-I-Nazar said two models wearing skimpy clothes or swim wear in the broader scheme of the event do not attract the penal offence of obscenity so far as facts disclosed in the complaint pertain, hence cognizance cannot be taken of such offence.
The court also cited lack of requisite government sanction for pursuing charges under Section 299 BNS which proscribes deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
“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 the absence of such sanction, this court cannot proceed to take cognizance of such offence,” the court order issued on April 30 read.
On the complaint of consumption of alcohol at the event, the court said the local law bars taking cognizance of complaints made by private individuals.
“In view of above discussion this Court deems it fit not to proceed further in the complaint and is, accordingly, disposed of as such,” the order read.
UNI
