Delhi Lieutenant Governor VK Saxena on Tuesday gave sanction to prosecute author Arundhati Roy and former Central University of Kashmir professor Sheikh Showkat Hussain for delivering allegedly provocative speeches in 2010, reported The Hindu.
Saxena reportedly noted that a prima facie case was made out against Roy and Hussain for the commission of an offence under Indian Penal Code Sections 153A, 153B and 505.
Section 153A deals with “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony” and Section 153B with “imputations, assertions prejudicial to national-integration”. Section 505 deals with intentional insult with intent to provoke a breach of the peace.
The sanction for the prosecution was granted under Section 196 of the Criminal Procedure Code. It states that permission of the state is a prerequisite for prosecution in offences of hate speech, hurting religious sentiments, hate crimes, sedition, waging war against the state and promoting enmity.
Roy and Hussain were booked based on a complaint filed on October 28, 2010, by Sushil Pandit, identified as a social activist from Kashmir.
Pandit alleged that various speakers delivered provocative speeches on October 21, 2010, at a conference organised by the Committee for Release of Political Prisoners under the banner of “Azadi - The only Way”.
He stated that the issues discussed pertained to the “separation of Kashmir from India”, which could jeopardise public peace and harmony.
“Kashmir was never part of India and was forcibly occupied by the Armed Forces of India and every possible effort should be made for the independence of the State of Jammu and Kashmir from India,” Roy said, according to Pandit.
His complaint also named Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani, who have both since died.
While they were also booked under Indian Penal Code Section 124A, which deals with sedition charges, prosecution sanction was not granted under it as matters related to the sedition law are pending in the Supreme Court.
The Delhi Police had also sought sanction under Section 13 of the Unlawful Activities (Prevention) Act against Roy and Hussain, reported The Indian Express. However, this request was also rejected.
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