Delhi LG Grants Sanction for Prosecution of Arundhati Roy in 2010 Provocative Speeches Case
Author Arundhati Roy and Professor Sheikh Showkat Hussain to Face Charges Over 2010 Speeches
10-10-2023 : Delhi’s Lieutenant Governor, V K Saxena, has granted permission for the prosecution of acclaimed author Arundhati Roy and former Kashmiri professor Sheikh Showkat Hussain in a case dating back to 2010, which revolves around alleged provocative speeches. According to officials from Raj Niwas, the FIR against Roy and Dr. Hussain was registered on the orders of the Court of Metropolitan Magistrate in New Delhi.
LG V K Saxena reviewed the case and found that a prima facie case exists against Roy and Dr. Hussain under various sections of the Indian Penal Code, including sections 153A (promoting enmity between different groups on the basis of religion, race, place of birth, residence, language, etc.), 153B (making assertions prejudicial to national integration), and 505 (making statements conducive to public mischief). These charges stem from speeches delivered by Roy and Dr. Hussain at a public event in the national capital.
As per Section 196(1) of the Code of Criminal Procedure (CrPC), obtaining valid sanction for prosecution from the state government is a mandatory requirement for certain offenses, including hate speech, incitement of religious sentiments, hate crimes, sedition, and promoting enmity, among others.
During the course of the case, two other accused individuals, Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani (who had been acquitted by the Supreme Court in the Parliament attack case on technical grounds), passed away.
The case originated from a complaint filed by Sushil Pandit, a social activist from Kashmir, on October 28, 2010. The complaint was submitted to the Tilak Marg Station House Officer against several individuals and speakers involved in delivering “provocative speeches” at a public conference organized by the ‘Committee for the Release of Political Prisoners (CRPP)’ under the banner of “Azadi – The Only Way,” which took place on October 21, 2010. The complainant alleged that the discussions and statements made during the conference were related to the “Separation of Kashmir from India” and that these speeches were provocative in nature, posing a threat to public peace and security.
