SRINAGAR: A court in Srinagar has dismissed a complaint alleging that designer duo Shivan & Narresh and ELLE India’s Editor-in-Chief committed obscenity during a fashion show at the world-famous ski resort of Gulmarg during the fasting month of Ramadan in March this year.
Special Mobile Magistrate Srinagar, Faizan-i-Nazar, observed that two models wearing skimpy clothes or swimwear, in the broader context of the event, does not attract the penal offence of obscenity based on the facts disclosed in the complaint. Therefore, cognizance of such an offence cannot be taken.
The complainant, Aadil Nazir Khan, had sought the prosecution of designers Shivan and Narresh, ELLE India’s Editor-in-Chief, and unknown models 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 the Bharatiya Nyaya Sanhita (BNS), and Section 50-A (drinking in a public place) of the Jammu and Kashmir Excise Act, 1958.
The fashion show, held by designers Shivan Bhatiya and Narresh Kukreja at the snow-covered Gulmarg resort on March 7 during the month of Ramadan, had caused massive outrage in the Valley.
Regarding the offence of hurting religious sentiments (Section 299 BNS) as filed by the complainant, the court noted that prior sanction from the State or Central Government under Section 217 BNSS is mandatory before cognizance can be taken.
“Another offence which the complainant states to have been committed is under Section 299 BNS, 2023, which proscribes deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. However, Section 217 of the BNSS, 2023, states that no court shall take cognizance of an offence under Section 299 BNS except with the previous sanction of the Central Government or the State Government. (Ref: Jishan Alam v. State Of Uttarakhand And Another, {(2022) 06 UK CK 0109}).
As the complainant has not placed on record such sanction, the bar for taking cognizance of the offence operates. The complainant may, if the law permits, renew the complaint with respect to the offence under Section 299 BNS only after obtaining the required sanction,” the judge observed.
On the accusation under Section 50-A of the Jammu and Kashmir Excise Act, 1958, which proscribes drinking in public or in places of worship, the judge stated:
“However, the proviso to sub-section (2) of Section 45 of the said Act bars cognizance of offences under the Excise Act on complaints made by private individuals. It is only the Deputy Commissioner, police, or other authorities designated under the Act who have the locus to maintain a complaint under the Excise Act. A four-hour permit for serving liquor in connection with the gathering on 07.03.2025 at Nedous Hotel, Gulmarg, issued by the Deputy Excise Commissioner (Executive), Kashmir, on 01.03.2025, has been placed on record by the accused. At most, the complainant may bring the alleged violation of the license to the attention of the competent authorities under the Act, who can then initiate an inquiry and file an appropriate motion before the competent court. However, in light of the above legal bar, this court cannot take cognizance of the offence, as a private complaint under the Excise Act is not maintainable.”
The judge concluded that the court deems it fit not to proceed further with the complaint, which is accordingly disposed of.
Following the outrage in Jammu and Kashmir, designers Shivan & Narresh issued an apology for the ‘semi-nude’ fashion show.
“We deeply regret any hurt caused by our recent presentation in Gulmarg during the holy month of Ramadan. Our sole intention was to celebrate creativity and the ski and après-ski lifestyle, without any desire to offend anyone or any religious sentiments,” the designer duo posted on X.
They assured that they respect all cultures and traditions and will remain more mindful and respectful moving forward.
