Delhi L-G approves prosecution of Arundhati Roy in 2010 speech case

Arundhati Roy was booked based on a complaint filed on October 28, 2010, by Sushil Pandit, a social activist from Kashmir

Delhi Lieutenant Governor V K Saxena on Tuesday authorised the prosecution of author Arundhati Roy and former Central University of Kashmir professor Sheikh Showkat Hussain for allegedly delivering provocative speeches in 2010, according to a report by The Hindu.

Saxena reportedly stated that a prima facie case exists against Roy and Hussain under Indian Penal Code (IPC) Sections 153A, 153B, and 505.

Section 153A addresses "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony." Section 153B pertains to "imputations, assertions prejudicial to national integration." Section 505 focuses on intentional insult with intent to provoke a breach of the peace.

The authorisation for prosecution was granted under Section 196 of the Criminal Procedure Code, which stipulates that state authorisation is required for prosecuting offences related to hate speech, religious sentiment, hate crimes, sedition, waging war against the state, and promoting enmity.

The charges against Roy and Hussain were filed based on a complaint submitted on October 28, 2010, by Sushil Pandit, a social activist from Kashmir.

Pandit alleged that provocative speeches were delivered on October 21, 2010, at a conference organised by the Committee for Release of Political Prisoners under the banner "Azadi - The Only Way."

He noted that the conference discussed the "separation of Kashmir from India."

"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," Arundhati Roy was quoted as saying by Pandit.

The complaint also named Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani, both of whom have since passed away.

Although they were initially charged under IPC Section 124A, which relates to sedition, authorisation for prosecution was not granted under this section as matters concerning the sedition law are currently pending before the Supreme Court.