New Delhi: A Delhi court on Tuesday initiated prosecution against Congress functionary and former minister of state for home affairs, Bhanwar Jitendra Singh, for criminal breach of trust over an unreturned painting of renowned artist MF Husain, allegedly valued above Rs 1 crore. A complaint was filed by one Rohit Singh Mahiyaria, alleging that in April 2014, Singh approached his mother, Dr Prabha Thakur, a former parliamentarian, seeking to borrow a painting by the late artist. Observing that Singh’s conduct despite repeated requests of returning it, offering false assurances and ultimately refusing to return the same, fulfilled the ingredients of criminal breach of trust, special judge Jitendra Singh said that the painting was entrusted to Singh only for a limited purpose, namely to show it to his wife and to consider its purchase. Thakur had bought it from Mumbai’s Sachi Gallery for over Rs 22 lakh. The complainant said that his mother gave Singh the painting on the promise that he would return it after showing it to his wife, a connoisseur of Husain’s art. However, after a few months, Singh failed to return the painting. In 2017, Singh told the complainant that he was unable to locate the painting. Mahiyaria and his mother served him with legal notice. However, the notice remained unanswered, said the complainant. A case was filed at Rouse Avenue Court and the process of pre-summoning evidence was carried out. On March 21, additional chief judicial magistrate Paras Dalal dismissed Mahiyaria’s plea to initiate a complaint case against Singh under IPC sections pertaining to criminal breach of trust and cheating, noting that the matter was purely civil in nature and no offence was made. However, the court, in Tuesday’s order, noted that the magistrate erred in law and on facts in arriving at the conclusion. Singh held the portfolio of youth affairs and sports (independent) in addition to home affairs as a MoS under the UPA govt.
