Delhi LG sanctions prosecution of Arundhati Roy, Former Kashmiri Professor in 2010 'provocative speeches on Kashmir' case

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Synopsis

A complaint was filed alleging that during a conference under the banner of "Azadi - The only Way", on October 21, 2010, Arundhati Roy and Kashmiri separatist leader Sayed Ali Shah Geelani fervently advocated that Kashmir was never an integral part of India and urged for concerted efforts toward the independence of J&K

Lieutenant Governor Vinai Kumar Saxena has granted sanction to the Delhi Police to proceed with the prosecution of author Arundhati Roy and a former Kashmiri professor Sheikh Showkat Hussain in a 2010 case of allegedly delivering 'provocative speeches' in Delhi to propagate separation of Kashmir from India.

An FIR was registered against Roy, Hussain, and others on November 29, 2010 under Sections 153A, 153B and 505 of the Indian Penal Code after a Delhi court order. During the course of the case, two other accused -Kashmiri separatist leader Sayed Ali Shah Geelani and Syed Abdul Rahman Geelani, a former Delhi University lecturer, passed away. 

The LG noted that a prima facie case was made out against Roy and Hussain. 

The police had booked Roy and others also under sedition laws but owing to the direction of the Supreme Court a “decision on it may not be taken at present'. On May 11, 2022 in another case, the Top Court had 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 till that case's disposal. The matter is now pending before a Constitution Bench.

The complaint in the case was filed by a social activist from Kashmir, Sushil Pandit on October 28, 2010 with SHO, Tilak Marg. He alleged that provocative speeches were made in public in the conference organized by 'The Committee for Release of Political Prisoners (CRPP) under the banner of "Azadi - The only Way", on October 21, 2010, at LTG Auditorium, Copernicus Marg, between 02:00 pm-8:30 pm.

He claimed that the issue discussed and propagated was the "Separation of Kashmir from India". He had filed a complaint u/s 156(3) of CrPC before the court of Metropolitan Magistrate, New Delhi.

The complaint alleged that Syed Ali Shah Geelani and Arundhati Roy fervently advocated that Kashmir was never an integral part of India and had been forcibly occupied by the Indian Armed Forces and they further urged for concerted efforts toward the independence of J&K.

The Delhi Police although sought sanction to prosecute Roy and Hussain for offences under sections 153A, 1538, 504, 505 of IPC and Section 13 of the Unlawful Activities (Prevention) Act (UAPA), 1967, but the same has been granted only for the three offences under IPC.