Delhi LG sanctions prosecution of Arundhati Roy, former professor Sheikh Showkat Hussain under UAPA for 'provocative' speeches

Delhi Lt Governor V K Saxena has given approval to prosecute author Arundhati Roy and former Central University of Kashmir professor Sheikh Showkat Hussain under the stringent Unlawful Activities (Prevention) Act for allegedly making provocative speeches at an event in 2010, according to Raj Niwas officials. It was alleged that Roy, while delivering a speech at the conference, strongly propagated that Kashmir was never a part of India and was forcibly occupied by the Armed Forces of India.

The FIR against Roy and Hussain was filed following orders from the Court of Metropolitan Magistrate, New Delhi.

"Delhi Lt Governor VK Saxena has sanctioned the prosecution of Arundhati Roy and former Professor of International Law in Central University of Kashmir, Dr. Sheikh Showkat Hussain, under section 45 (1) of Unlawful Activities (Prevention) Act in the case," a Raj Niwas official said.



The FIR in the matter was registered on a complaint by Sushil Pandit, a social activist from Kashmir, on October 28, 2010.

Roy and Hussain allegedly made provocative speeches at a conference organized under the banner of 'Azadi - The Only Way' on October 21, 2010, at LTG Auditorium, Copernicus Marg.

"The issues discussed and spoken about at the conference propagated the separation of Kashmir from India," the official added.

Last October, the LG had granted sanction to prosecute them under section 196 of CrPC for commission of offences punishable under different sections of the Indian Penal Code: 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).

Syed Ali Shah Geelani, SAR Geelani, Arundhati Roy, Dr. Sheikh Showkat Hussain, and Varavara Rao were among those who delivered speeches at the conference.

The complainant filed a complaint under Section 156(3) of CrPC before the Metropolitan Magistrate Court, New Delhi, which disposed of the complaint on November 27, 2010, with directions to register an FIR. Saxena reportedly mentioned that there is a prima facie case against Roy and Hussain under Indian Penal Code (IPC) Sections 153A, 153B, and 505.

Accordingly, an FIR was registered and investigation was carried out, they said.

These sections pertain to promoting enmity between different groups based on religion, race, place of birth, residence, language, assertions prejudicial to national integration, and intentional insults aimed at provoking public disorder, respectively.

Section 153A concerns actions that promote hostility between various groups based on factors such as religion, race, place of birth, residence, or language, and includes behaviors detrimental to maintaining social harmony. Section 153B deals with making statements or assertions that undermine national unity and integration. Section 505 addresses deliberate insults aimed at inciting public disorder.

(With inputs from PTI)