Delhi Lieutenant Governor VK Saxena, on Tuesday, granted approval for the prosecution of renowned author Arundhati Roy and former University of Kashmir professor Sheikh Showkat Hussain. This legal action pertains to a case dating back to 2010, involving allegations of their delivering inflammatory speeches. The speeches in question were said to contain anti-India sentiments and were delivered during a seminar held in Delhi in 2010.
These allegations were initially filed against them by Sushil Pandit and a Kashmiri Pandit organization named 'Roots In Kashmir.' These complaints stemmed from their speeches delivered at a convention titled 'Azadi: The Only Way.' Sushil Pandit contended that the subject matter discussed and promoted during this event revolved around "the Separation of Kashmir from India." It was further asserted that these speeches were provocatively crafted, thereby posing a potential threat to public peace and security.
The decision made by the Delhi Lieutenant Governor underscores the existence of a prima facie case against Arundhati Roy and Sheikh Showkat Hussain for purported violations of Sections 153A (related to promoting enmity between different groups), 153B (involving imputations and assertions prejudicial to national integration), and 505 (pertaining to statements conducing to public mischief) of the Indian Penal Code, in connection with their speeches.
Notably, while a case invoking the charge of sedition was considered, the Lieutenant Governor did not approve the prosecution under Section 124A (Sedition) of the IPC. This decision was influenced by a directive from the Supreme Court issued in May 2022, which instructed that all ongoing trials and proceedings associated with sedition charges be temporarily suspended.
Under Section 196(1) of the Code of Criminal Procedure (CrPC), obtaining valid sanction for prosecution from the state government is mandatory for certain offenses, including hate speech, actions that hurt religious sentiments, hate crimes, sedition, waging war against the state, and promoting enmity, among others.
It is worth noting that two other individuals accused in this case—Kashmiri separatist leader Sayed Ali Shah Geelani and a Delhi University lecturer, Syed Abdul Rahman Geelani—passed away during the course of these proceedings. Syed Abdul Rahman Geelani had been acquitted by the Supreme Court in the Parliament attack case on technical grounds.
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