The Delhi Lieutenant Governor on Tuesday granted sanction for the prosecution of Indian author and Booker Prize winner Arundhati Roy along with Sheikh Showkat Hussain in a thirteen-year-old case to ‘provocative speeches’ at a public event in 2010. Sheikh Showkat Hussain is a Kashmiri political analyst and scholar of human rights and international law.
The FIR against Ms Roy and Mr Hussain was registered following the orders of the New Delhi Metropolitan Magistrate Court.
In the current order, Delhi LG Vinai Kumar Saxena noted that the case is drafted out against Ms Roy and the former professor of Central University, Kashmir, Mr Hussain, for offences under Sections 153 A, 153 B and 505 of the Indian Penal Code for their speeches at a public function in New Delhi, reported the New Indian Express.
The case was registered by Sushil Pandit, a social activist from Kashmir, on October 28, 2010. In the complaint, he said against various speakers involved in delivering “provocative speeches” in public during a conference organised by the Committee for Release of Political Prisoners (CRPP) under the banner of “Azadi – The only Way”, on October 21, says reports. The complainant also alleged that the speeches jeopardised public peace and security by propagating “Separation of kashmir from India”.
Details on the charges:
- IPC 153A
- Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony.
- Non-bailable and shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
- IPC 153B
- Imputations, assertions prejudicial to national integration; If committed in a place of public worship etc.
- Non-bailable and shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
- IPC 505
- Statements conducing to public mischief
- Non-bailable and shall be punished with imprisonment which may extend to five years and shall also be liable to fine.
The valid sanction for the prosecution was produced under the Section 196(1) of Code of Criminal Procedure (CrPC) from the state government for offences such as hate speech, hurting religious sentiments, hate crimes, sedition, waging war against state and promoting enmity among others.
Two others were also accused of the same – Syed Abdul Rahman Geelani, a Delhi University ex-professor, and Syed Ali Shah Geelani, a Kashmiri-separatist leader. Both of them died during the pendency of the case.