Delhi Lt Governor VK Saxena has given a nod for the prosecution of political activist Arundhati Roy along with a former Kashmiri professor in a 2010 provocative speeches case, Raj Niwas officials said on Tuesday (October 10).
The FIR against Roy and Sheikh Showkat Hussain was lodged after the orders of the Court of Metropolitan Magistrate, New Delhi, they added.
"LG V K Saxena noted that prima facie a case is made out against Roy and Dr Hussain, former Professor, International Law, Central University of Kashmir, for commission of offence under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 153B (imputations, 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," a Raj Niwas official said on Tuesday.
What did the LG office say?
According to an official statement by the LG office, the FIR in the matter was registered vide orders dated November 27, 2010, of the Court of Metropolitan Magistrate, New Delhi.
"However, despite a case of sedition being made out, sanction has not been granted under Section 124A of IPC (Sedition) owing to the fact that the Supreme Court on May 5, 2022, in another case has directed that all pending trials, appeals and proceedings with respect to the charge framed under Section 124A (Sedition) of IPC shall be kept in abeyance and thereafter the three-Judge Bench headed by CJI had referred the matter to Constitution Bench on September 12, 2023," the release said.
Two other accused -- Sayed Ali Shah Geelani, a Kashmiri separatist leader and Syed Abdul Rahman Geelani, a Delhi University lecturer who was acquitted by the Supreme Court in a Parliament attack case on technical grounds - have died during the pendency of the case, it added.
What was the complaint?
On October 28, 2010, social activist from Kashmir Sushil Pandit had filed a complaint with the Tilak Marg Station House Officer against various speakers for delivering “provocative speeches” in public in a conference organised by 'Committee for release of Political Prisoners (CRPP) under the banner of "Azadi - The only Way", on October 21, 2010.
Pandit alleged that the issue of “separation of Kashmir from India” was discussed and propagated.
It was also alleged the speeches were provocative in nature.
(With inputs from agencies)