Arundhati Roy And Sheikh Showkat Hussain Face Prosecution Over Alleged Incendiary Speeches

Delhi's Lieutenant Governor, VK Saxena, has granted permission to prosecute author Arundhati Roy and former professor at the Central University of Kashmir, Sheikh Showkat Hussain, for their alleged incendiary speeches, according to officials familiar with the matter. Additionally, both individuals have been charged with offenses related to public mischief.

The case originated from a First Information Report (FIR) registered on November 29, 2010, following the orders of a metropolitan magistrate on November 27. The charges against Roy and Hussain include sedition, promoting enmity between different groups based on religion, race, place of birth, residence, and language, with statements detrimental to national integration. They were also accused under Section 13 of the Unlawful Activities (Prevention) Act (UAPA), 1967. Notably, other individuals, such as Syed Ali Shah Geelani, the then-chairman of Tehreek-e-Hurriyat, former Delhi University professor Syed Abdul Rehman Geelani, and Maoist sympathizer Varvara Rao, were also implicated in the case.

A senior Delhi Police officer, speaking on the condition of anonymity, explained that the complaint was filed by Sushil Pandit, a social activist from Kashmir, at the Tilak Marg police station on October 28, 2010. The complaint alleged that the participants in a conference organized by the "Committee for the Release of Political Prisoners (CRPP)" had delivered provocative speeches in public, advocating the separation of Kashmir from India, and thereby endangering public peace and security.

The complainant also filed a complaint under Section 156(3) of the Code of Criminal Procedure (CrPC) before the court of Metropolitan Magistrate in New Delhi. Transcripts of the speeches given during the conference were submitted, and forensic examination of a CD and DVD containing the speeches was conducted in 2017. The forensic examination found that the CD/DVD was logically functional and physically undamaged.

The Delhi Police sought prosecution sanction under various sections of the Indian Penal Code (IPC) and Section 13 of the UAPA for Roy and Hussain. Notably, Section 13 of the UAPA deals with punishment for unlawful activities, stating that individuals involved in advocating, abetting, or inciting unlawful activities can be imprisoned for up to seven years and fined. Meanwhile, Section 153A of the IPC pertains to the promotion of enmity between different groups on grounds of religion, race, place of birth, residence, or language, and Section 153B addresses statements prejudicial to national integrity.

It's important to note that while sedition charges were considered, the Lieutenant Governor did not grant permission for Section 124A of the IPC (Sedition) due to a Supreme Court directive from May 11, 2022. The Supreme Court had ordered that all pending trials, appeals, and proceedings related to sedition charges should be put on hold and referred the matter to a constitution bench on September 12 of the same year.

As of now, both Arundhati Roy and Sheikh Showkat Hussain have not provided comments on the situation.