Delhi Lieutenant Governor VK Saxena on Tuesday, October 10, sanctioned the prosecution of writer-activist Arundhati Roy and former professor at Central University of Kashmir Sheikh Showkat Hussain, in a 2010 case against them. Arundhati and Hussain, along with two others, were booked by the Delhi police for their speeches at a public conference in October 2010.
Saxena noted that a prima facie case is made out against Arundhati and Hussain, a former Professor of International Law at the Central University of Kashmir, for commission of offence under sections 153A (promoting enmity between different groups), 153B (imputation, assertions prejudicial to national integration) and 505 (statements conducing to public mischief) of Indian Penal Code for their speeches at a public function in the national capital.
The two other accused in the case -- Kashmir separatist leader Syed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani -- died during the pendency of the case.
Sanction has not been granted under section 124A of IPC (sedition), as the Supreme Court in another case had directed that all pending trials, appeals and proceedings with respect to the charge framed under section 124A of IPC shall be kept in abeyance till the Constitution Bench decides on the sedition matter. Delhi Police, in view of the directions of the Supreme Court, had said that the decision on its request to grant sanction for prosecution under sedition charges may not be taken at present.
Sushil Pandit, a social activist from Kashmir, had filed a complaint on October 28, 2010 against various persons/speakers, claiming that they had delivered provocative speeches in public in a conference organised by the Committee for Release of Political Prisoners (CRPP) under the banner of ‘Azadi - The Only Way’, on October 21, 2010.
The complainant had alleged that the issue discussed was ‘Separation of Kashmir from India’. It was also alleged that the speeches were provocative in nature, in a way that jeopardised public peace and security. The complainant thereafter filed a complaint under Section 156(3) of the Code of Criminal Procedure (CrPC) before the court of Metropolitan Magistrate, Delhi.
The FIR in the case was registered on November 29, 2010 on the directions of Metropolitan Magistrate through order dated November 27, 2010 for the offences of sedition, promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., with imputations, assertions prejudicial to national-integration. They were also charged with committing an act aimed at public mischief. A case was also registered under Section 13 of Unlawful Activities (Prevention) Act (UAPA), 1967.
It was alleged that Syed Ali Shah Geelani and Arundhati Roy said that Kashmir was never a part of India, that it was forcibly occupied by the Armed Forces of India and that every possible effort should be made for the independence of the State of Jammu & Kashmir from India.
The Prosecution Sanction under section 196 CrPC was sought by Delhi Police for offence under sections 153A, 153B, 504, 505 of IPC and Section 13 of Unlawful Activities (Prevention) Act (UAPA), 1967 against Roy and Hussain.