Delhi L-G approves prosecution of Arundhati Roy, Kashmir professor in 2010 'provocative speeches' case

The FIR against Roy and former professor Sheikh Showkat Hussain was registered following the orders of the Court of Metropolitan Magistrate, New Delhi.

Writer Arundhati Roy and a former Kashmiri professor Sheikh Showkat Hussain will face trial on charges of making provocative speeches in 2010 with Delhi Lieutenant Governor V K Saxena according sanction for prosecution of the duo, officials said on Tuesday.

The FIR was filed in November 2010 following the orders of the Court of Metropolitan Magistrate, New Delhi after a complaint by one Sushil Pandit against speakers who delivered "provocative speeches" in a conference organised by 'Committee for release of Political Prisoners' (CRPP) under the banner of 'Azadi - The only Way' in October 2010.

Kashmiri separatist leader Sayed Ali Shah Geelani and a Delhi University lecturer Syed Abdul Rahman Geelani, who was acquitted by the Supreme Court in Parliament attack case, were also named in the FIR but passed away.

"Saxena noted that a prima facie case is made out against Roy and Dr. Hussain, former Professor, International Law, Central University of Kashmir for commission of offence under sections 153A, 153B and 505 of Indian Penal Code for their speeches at a public function in the national capital," a senior official said.

Section 153A of Indian Penal Code deals with 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 deals with imputations, assertions prejudicial to national-integration and Section 505 with statements conducing to public mischief.

Though Section 124A (sedition) was also invoked in the FIR, the official said Saxena did not grant sanction for prosecuting the duo under sedition charges, as the Supreme Court had in May 2022 directed that all pending trials, appeals and proceedings with respect to the charge framed under this IPC section should be kept in abeyance till it decides on the issue.

Sanction to prosecute them under the contentious Unlawful Activities (Prevention) Act was also not given.