1. PL 165.54 Criminal Possession of Stolen Property in the First Degree (7 counts)
2. PL 155.40(1) Grand Larceny in the Second Degree (5 counts)
3. PL 165.52 Criminal Possession of Stolen Property in the Second Degree (13 counts)
4. PL 165.50 Criminal Possession of Stolen Property in the Third Degree (1 count)
5. PL 105.10(1) Conspiracy in the Fourth Degree (1 count)
6. PL 190.65(1)(b) Scheme to Defraud in the First Degree (1 count)

**Note:  It there now seems to be an additional 29th count. 

An 18th-century murti of the Hindu goddess Annapurna, which was stolen from India over a century ago, will be returning home soon from Canada. Upon the discovery that one of the idols in their collection had been stolen from a shrine in Varanasi, India, the Mackenzie Art Gallery at the University of Regina in Saskatchewan reached out to officials in India to discuss restitution. 

The statue has been in the university’s possession since 1936 when it was donated by Norman MacKenzie, the namesake of the university's gallery. The sculpture remained unquestioned until 2019 when artist Divya Mehra was invited to host a solo exhibition at the Gallery. 

While doing research for her exhibition at the MacKenzie Art Gallery at the University of Regina in Saskatchewan, Divya Mehra discovered the statue’s illicit origin. Her exhibition, entitled, From India to Canada and Back to India (There Is Nothing I Can Possess Which You Cannot Take Away), "unravels the West’s obsession with simultaneously defining and consuming the histories and identities of other cultures. In this collection of reproduced, misclassified, staged, and stolen cultural property, Mehra deftly and playfully navigates complex networks of colonial entitlement, popular culture, art history, sacred objects, exotic adventurism, and novelty."

It was through her research in the university archives that she discovered the notes from Norman MacKenzie’s trip to India in 1913 which revealed that the idol had been stolen from a small sanctuary along the Ganges, procured indirectly at the behest of MacKenzie. At the time the sculpture was accessioned into the museum's art collection the idol was misclassified as a representation of the god Vishnu and continued to be labelled as such until Mehra began her research. 

When  Mehra recognized that the clearly female sculpture was not Vishnu, she consulted with Dr. Siddhartha V. Shah, curator of South Asian Art at the Peabody Essex Museum who revealed that the deity depicted was in fact Annapurna, also known as the Queen of Benares and Hindu goddess of food and nourishment. Upon the discovery of the illicit origins of the artefact the artist approached John Hampton, interim CEO and Executive Director of the MacKenzie Art Gallery, regarding restitution.  The university then took the steps to reach out to the High Commission of India to discuss the sacred object's return. 

The proactive and voluntary repatriation of an artefact is quite unusual in the museum world, with repatriation often taking years of legal discussions and cultural diplomacy between the cultural institution and the aggrieved nation. Mr. Ajay Bisaria, High Commissioner of India commented that "the move to voluntarily repatriate such cultural treasures shows the maturity and depth of India-Canada relations".

The repatriation ceremony was held virtually on November 19th, with attendees from the High Commission of India, Global Affairs Canada, Canada Border Services Agency, the University of Regina, and the MacKenzie Art Gallery. Dr. Thomas Chase, Interim President and Vice-Chancellor of the University of Regina stated during the ceremony that "as a university we have a responsibility to right historical wrongs and help overcome the damaging legacy of colonialism wherever possible...repatriating this statue does not atone for the wrong that was done a century ago, but it is an appropriate and important act today. I am thankful to the MacKenzie Art Gallery, the Indian High Commission, and the Department of Canadian Heritage for their roles in making it possible."

The university and gallery have affirmed that as a result of the discovery of the illicit provenance of the Annapurna idol they will be conducting a full review of the rest of their collection.  Alex King, the Curator for the University’s art collection commented that "the repatriation of the Annapurna is part of a global, long-overdue conversation in which museums seek to address harmful and continuing imperial legacies built into, sometimes, the very foundations of their collections. As stewards of cultural heritage, our responsibility to act respectfully and ethically is fundamental, as is the willingness to look critically at our own institutional histories."

This is undoubtably a step in the right direction for cultural restitution, but it is also a reflection of how little is known about museum collections.  Founder of the India Pride Project S. Vijay Kumar commented that "while the recent restitution is a welcome move it is pertinent to point out that a very distinct feminine sculpture holding a ladle and a bowl was displayed in an academic Institution since the mid-1930’s as a Vishnu. It shows how little of displaced Indian art in Canada has been properly studied. Further that the paperwork attested to its dodgy provenance was within the University archives shows the importance of reviewing provenance and due diligence not just for current acquisitions but for the past as well.  Museums in Canada have in general a very poor record in displaying collections let alone disclosing provenance publicly on their web sites and this is despite high profile cases linked to Subhash Kapoor and even prior that to the Pathur nataraja in 1980s.  We hope this good trend catches on and other public museums engage experts into researching provenance or as a start put the available provenance online."

As this Annapurna returns to India her space in the museum collection will be filled by a new piece by Mehra titled 'There is nothing you can possess which I cannot take away (Not Vishnu: New ways of Darsána)'. She spoke with ARCA about the new piece explaining that "the work is a small bag of sand — purchased at a Hollywood prop store (rich in Indiana Jones memorabilia) and artificially aged with coffee, and dye —weighing the equivalent (2.4 lbs.) of the stolen stone goddess of Annapurna that is no longer a part of the collection. The bag sits upon an altar constructed as if for a film set, in front of a ‘Jungle Vine’ painted backdrop. The work is based on a scene from Raiders of the Lost Ark — where Indian Jones steals an idol off of a pedestal from an ancient temple. He leaves a bag of sand with what he guesses to be the weight of the stolen idol." The new piece is a reversal of the gap left in the cultural heritage by the antiquarians of the past, the bag of sand now being left at the museums as the statue returns to the place it was stolen. It can also be seen as a commentary on the idolization in the modern world for characters such as Indiana Jones, who treated the cultural heritage of other countries as prized objects to acquire, careless of the value it held to the people it was stolen from. 

By: Lynette Turnblom 

Bibliography 

Annapoorna Virtual Repatriation Ceremony. 2020. “Annapoorna Virtual Repatriation Ceremony.” YouTube. November 20, 2020. https://youtu.be/q769-baqiaA.

Hampton, John G. 2020. “Divya Mehra: From India to Canada and Back to India (There Is Nothing I Can Possess Which You Cannot Take Away).” MacKenzie Art Gallery. 2020. https://mackenzie.art/experience/exhibition/divya-mehra-from-india-to-canada-and-back-to-india-there-is-nothing-i-can-possess-which-you-cannot-take-away/.

“Statue from the University of Regina’s Art Collection Officially Repatriated to India in Virtual Repatriation Ceremony | Communications and Marketing, University of Regina.” 2020. Uregina.Ca. November 19, 2020. https://www.uregina.ca/external/communications/feature-stories/current/2020/11-19.html. 

“Statue from the University of Regina’s Art Collection to Be Returned to India Following Virtual Repatriation Ceremony.” 2020. MacKenzie Art Gallery. November 24, 2020. https://mackenzie.art/statue-from-the-university-of-reginas-art-collection-to-be-returned-to-india-following-virtual-repatriation-ceremony/.

Way back in February 1998 thieves arrived at the Baroli Temples Complex on the outskirts of Rawatbhata taluk, one of the earliest temple complexes in Rajasthan.  Once there, they set to work removing an elegantly carved sculpture of Nataraj, a depiction of the Hindu god Shiva as Lord of the Dance, from an ornamental niche attached to the thousand-year-old beehive-shaped Ghatesvara Mahadeva Temple, the most prominent and the largest of the eight temples located at the sacred site.  

A well-organized group of thieves known for targeting objects from temples or other cultural sites in India, the culprits used a jackhammer and deftly removed the statue from its centuries-old resting place.  It was then brought to Vaman Narayan Ghiya, a middleman, known to purchase stolen or looted objects from a network of intermediaries.  Ghiya had the ability to smuggle artworks out of India through a network of companies in Mumbai, Delhi, and Switzerland. 

The Nataraj in situ at the Ghatesvara Mahadeva Temple

The extent of Ghiya's three decades of operation in the illicit art biz was such that at the time of his arrest five years later, in June 2003, law enforcement officers discovered hundreds of photographs of ancient Indian sculptures, many of which depicted idols recently pried away from temple walls as well as sixty-eight glossy auction catalogues from auction powerhouses like Sotheby’s and Christie’s in London and New York.

But the villagers near the Baroli Temples Complex were so outraged by the theft that it is believed Ghiya quickly commissioned a replica and ordered his henchmen to leave it near the Rawatbhata Police Station police where it originally was at first mistaken to be the original. Worried that it might be stolen again, the new Nataraj was not returned to the Ghatesvara Mahadeva Temple and was instead stored with the Archaeological Survey of India (ASI) is an Indian government agency attached to the Ministry of Culture responsible for archaeological research.

During interrogation, where Ghiya was asked to flag the pieces he was involved moving, he marked nearly 700.  One, the original Nataraj, had been smuggled to England, sold to an unnamed dealer and then purchased by John"Kas" Kasmin, a British art dealer and collector.

Identified with the dealer in 2005, Kasmin agreed to return the sculpture which was still in his possession and handed it over to the Indian High Commission that same year. Since then, it has sat, in London, waiting to come home, until this week. Inspected by the ASI in 2017 in London it was, at last, confirmed that the London sculpture was indeed the original looted Natarajs and arrangements began to finally send this idol home. 


If you would like to read more about the rape of India's idols, ARCA suggests Peter Watson's  book and the BBC programme “Sotheby’s, The Inside Story”.  It goes into extensive detail explaining the work of the Rajasthan police and the investigation opened by the superintendent of police, Shri Anand Srivastava titled Operation Black Hole. 

Yogini Vrishanana

Image Credit: Hyderabad Police

Two burglars, Mohammed Mubeen (24) and Mohammed Ghouse Pasha (23), responsible for the jewelry theft from the Nizam Museum housed in the Purani Haveli palace have been found guilty and convicted by a local court in Hyderabad, India on Tuesday. 

The palace was once the official residence of the Nizam, the last of whom ruled over the region from 1911 to 1948, when Hyderabad State was annexed by India. 

The pair entered the museum sometime on the evening of Sunday, September 2, 2018 by dislodging a ventilation grill which allowed them to enter an exhibition gallery where they proceeded to break into a non alarmed exhibition case and make off with a three-tier diamond-studded gold tiffin box with trays, as well as a golden tea cup and saucer embedded with ruby and emeralds, a spoon and a tray which once belonged to the 7th Nizam. Tiffins (or dhabbas) are traditionally round metal lunch containers with three or four stacking compartments used for serving traditional homemade thali lunches which feature bread, pickles, spicy curries, and sometimes desserts.

With the help of the public, Hyderabad City Police's Commissioner’s Task Force (South) team quickly recovered the stolen museum objects a short while later and identified the pair, who were then formally charged. 

2 years of imprisonment awarded to both the offenders in the sensational Nizam museum theft case . The case was detected by Hyd police in a record time and we proved the charge in the court of law and secured conviction. Public support was a major contribution in this detection

— Anjani Kumar, IPS (@CPHydCity) February 11, 2020

Yesterday, City Police Commissioner Anjani Kumar confirmed that the court had issued its verdict, sentencing the duo to two years of imprisonment.

Holding a press conference in Hyderabad, authorities announced that the  gold tiffin box, saucer, cup & spoon stolen from Nizam Museum on September 3rd have been recovered by Hyderabad Police. The two accused, Mohammed Gaus Pasha (23) and a relative Mohammed Mubeen (24) from the Himayat Sagar area of ​​the city have been arrested.

The pair of thieves had accessed the museum by dislodging a four-feet wide ventilation grill and then dropping some 20 feet down into the exhibition gallery.  

For full details on the theft please see ARCA's earlier blog post here. 

According to local authorities, thieves broke into the Nizam Museum housed on the first floor of the Purani Haveli palace located in Hyderabad, Telangana, India sometime on the evening of Sunday, September 2, 2018.  The palace, located just a few kilometers away from Chowmahalla Palace, is also home to a library and the Mukarram Jah Technical Institute.

In the past the palace was once the official residence of the Nizam, the last of whom ruled over the region from 1911 to 1948, when Hyderabad State was annexed by India.  The museum showcases many gifts that the 7th and last Nizam, Mir Osman Ali Khan, Asaf Jah VII received on his silver jubilee in 1936.  The museum  has been privately run by the Nizam’s Jubilee Pavillion Trust, and managed by descendants of the Nizam since the year 2000.  It houses approximately 450 objects in its collection.

Dislodging a four-feet wide ventilation grill, the burglar or burglars appear to have worked as a coordinated pair, dropping some 20 feet down into the exhibition gallery.  

The ventilator from where the thief/thieves came into the room which housed the antiques pic.twitter.com/BLYMF5P7sH

— Aihik Sur (@AihikSur) September 4, 2018

Once inside one of the culprits broke into a non alarmed exhibition case and removed a three-tier diamond-studded gold tiffin box with trays carved with flora and fauna, as well as a golden tea cup and saucer embedded with ruby and emeralds, a spoon and a tray which once belonged to the 7th Nizam. Tiffins (or dhabbas) are traditionally round metal lunch containers with three or four stacking compartments used for serving traditional homemade thali lunches which feature bread, pickles, spicy curries, and sometimes desserts.

In a tale that began as a follow up to a funding initiative, I was scheduled to be in the Netherlands this past March to meet with folks at Maastricht University who ARCA was collaborating with on an EU funded Horizon 2020 grant proposal designed to address the critical issues involved the illicit trafficking of antiquities (which, by the way, we were later not awarded).  "The European Fine Arts Fair," or more simply by its art market acronym, TEFAF.  Part of the impetus for meeting in the Netherlands was that I was already in Maastricht, as each year, since 1988, the city has played host to an annual art, antiques, and design fair at the MECC which is organized by The European Fine Art Foundation called

I was at TEFAF to keep an eye open for looted antiquities which might be on sale with fabricated provenances — artworks from the ancient past which have no legitimate pedigree as they have been looted directly from the ground.  Illicit antiquities like these have a propensity for eventually bubbling up into auction house and trade fair sales as their illicit excavation from archaeologically rich sites means that they will not appear in any for-fee stolen art database searches as there is no way to report a previously unknown object as missing.  Once a looted object gains a plausible fabricated provenance, it only takes a few purchases and a publication in one or two glossy exhibition catalogs, to give a looted object a superficial patina of legitimacy.

I was not expecting to find an object stolen from a museum as these types of thefts are routinely registered with police, as well as with art market theft databases.  Searching services, conducted by Art Loss Register, are also incorporated into the vetting of objects for sale at TEFAF in both their New York and Maastricht sales events and are designed to reduce or resolve art-related ownership disputes.

But on Thursday, 15 March 2018 around lunchtime, I pressed the send button on my smartphone application and passed a high resolution photo of a suspicious object I had seen at the stand of one of the international art dealers.  The photo sent was of a Post-Gupta, seated Buddha in the Bhumisparsha Mudra pose, a delicate bronze with his right hand as a pendant over the right knee and with the palm of his left hand facing upward.  The person I sent the photo to was Vijay Kumar, the cofounder of India Pride Project.  

IPP has been responsible for identifying countless Indian treasures stolen and smuggled overseas, some of which have been found in prestigious museums around the globe.  Less than 2 hours later, and with careful comparison with  images obtained through a retired ASI employee, Dr. Sachindra S Biswas, Kumar and I were fairly confident we had a match.  

The following morning, Friday, 16 March 2018 and after multiple cross checks, between the photos of the object I took and those of the ASI, I contacted Martin Finkelnberg, Head of the Art and Antiques Crime Unit of the Netherlands National Police Force, INTERPOL, UNESCO and the Indian authorities and presented everyone with the supporting evidence of our identification.   In our opinion, as well as the opinion of two external experts, we felt confident, to the best of our abilities, that the object for sale at TEFAF in March 2018 was an exact match to one of 14 objects stolen from the Nalanda Archaeological Museum of the Archaeological Survey of India (ASI) in Nalanda, Bihar, India on August 22, 1961.

Despite its theft, the stolen Buddha was pictured in Ulrich Von Schroeder's book "Into-Tibetan Bronzes," a book published in Hong Kong in 1981.  By that time the object had already been satisfactorily laundered into the licit market and was  listed as part of a private collection in London.  

Based on the preponderance of evidence we presented, the Dutch police force acted immediately and sent officers to pay a visit to the dealer's representative on site at TEFAF for the last day of the Dutch fair.  The manager of the stand reported to the Dutch police that the firm was holding the object for a consignor who resided outside of the Netherlands.  

Working cooperatively with law enforcement, the dealer agreed to be in touch with the Buddha's current owner as well as New Scotland Yard, London's Metropolitan Police upon their return to London where an investigation could be taken up by the UK authorities.  ARCA and India Pride Project, in turn, passed all the evidence we had obtained on to Detective Constable Sophie Hayes, of New Scotland Yard's Art and Antiques Unit. 

Once in London, Constable Hayes began her own necessary due diligence in order to ensure that our impressions were correct.  After reviewing the documentation we had provided to the London police, Hayes contacted France Desmarais of the International Council of Museums (ICOM).  

Desmarais arranged for a neutral external expert opinion on the Buddha currently held in the UK by the antiquities dealer for the consignor.  This evaluation was conducted for evidence of authenticity as well as in comparison to the evidence provided by ARCA and India Pride Project related to the theft in Nalanda, Bihar 57 years ago. 

ICOM's expert found the bronze in question to be authentic, and a match to one of the 14 objects stolen in 1961.

To understand how experts authenticate ancient art of this type it is important to understand that bronzes produced in the later medieval period (circa 12th century) in eastern India were made using the “lost wax” method.  This is a process where a wax model is made which can be used only once, as the wax melts away when the molten bronze is poured into the mould. For this reason, each bronze Buddha made using the lost wax method is unique, and while other Buddhas may have a similar appearances or poses, no two will be exactly alike as each object has to be made from its own individual wax mold. 

Completing this confirmation check took some time, as the number of post-Gupta era experts is limited and authentication is not something experts working in the museum community perform without careful consideration and thoughtful examination.  I'd like to personally thank both the anonymized expert and Ms. Desmarais for their time and expert assistance regarding the origins of this bronze. 

With ICOM's confirmation in hand, the Met's Art and Antiquities Squad worked to convince the current owner of the Buddha, who, along with the dealer had been cooperative throughout the investigation, to voluntarily relinquish the object back to its home country.   Today, it was handed over to Indian High Commissioner to the UK, YK Sinha during a ceremony this morning at the Gandhi Hall, India House, Aldwych in London, timed to coincide with India’s Independence Day.

Speaking with Vijay this morning hee stated "this is a great demonstration of inter governmental and activist groups and also the need for proper documentation. We hope this is just the beginning in finding closure to this case as we are still after the rest of the stolen artifacts. Hope the museums in America are looking at this with interest. "

While I, like Vijay am overjoyed that this stolen Buddha is finally going home, another similar to it, identified in February and stolen during the same theft, still sits at the Los Angeles County Museum of Art (LACMA) in Los Angeles, California.  The question remains, if the US-based museum will be as forthcoming as this collector and UK dealer.  Both of whom did the right thing by cooperating during the investigation and eventually returning the stolen object back to India voluntarily.  

By:  Lynda Albertson

Concluding a formal agreement between India and the Metropolitan Museum of Art has handed over to a 9th century Durgamahishasurmardini that had once been enshrined in the Chakravarteswara temple at Baijnath to  the Consulate General of India in New York.  The Durga was donated to the Museum in 2015 and was later recognized by museum staff from the cover of K. P. Nautiyal’s "The Archaeology of Kumaon, including Dehradun; a comprehensive account of the cultural heritage of modern Garhwal and Kumaon divisions." 

Also returned was a "The Head of a Male Deity" which matches an image also listed and now removed from the museum's website of a "3rd century Head of a Bodhisattva (?)" from the Ikshvaku period (second half of the 3rd–early 4th century) from Nagarjunikonda which had been gifted to the museum by Evelyn Kossak, via The Kronos Collections, 1986.