New Delhi: Delhi Lieutenant Governor, VK Saxena, has granted sanction for the prosecution of author Arundhati Roy and Sheikh Showkat Hussain in a case relating to their speeches at a public function in 2010, an official statement by LG office said on Tuesday.
“The FIR in the matter was registered vide orders dated November 27, 2010, of the Court of Metropolitan Magistrate, New Delhi,” it said.
Saxena noted that a prima facie case was made out against Roy and Hussain, a former Professor of International Law at Central University of Kashmir, for the commission of an offence under sections 153A, 153B and 505 of the Indian Penal Code for their speeches at a public function in the national capital.
“However, despite a case of sedition being made out, sanction has not been granted under Section 124A of IPC (Sedition) owing to the fact that the Supreme Court on May 05, 2022, in another case has 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 and thereafter the three-judge bench headed by CJI had referred the matter to Constitution Bench on September 12, 2023,” the release said.
Delhi Police, in view of the directions of the Supreme Court, had said that the decision on the request for grant of prosecution sanction for offence under Section 124A of IPC may not be taken at present.
Two other accused — Sayed Ali Shah Geelani, a Kashmiri separatist leader, and Syed Abdul Rahman Geelani, a Delhi University lecturer who was acquitted by the Supreme Court in a Parliament attack case on technical grounds – have died during the pendency of the case, the release said.
Sushil Pandit, a “social activist from Kashmir”, had filed a complaint with SHO, Tilak Marg, against various persons/speakers involved in delivering “provocative speeches” in public at the conference organized by the Committee for the 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.
The complainant had alleged that the issue discussed and propagated was “Separation of Kashmir from India”.
It was also alleged that the speeches were “provocative in nature”, thus “jeopardising public peace and security”.
The complainant thereafter filed a complaint u/s 156(3) of CrPC before the court of Metropolitan Magistrate, New Delhi.
The FIR in the case was registered on November 29, 2010, on the directions of the Metropolitan Magistrate through an order dated November 27, 2010, for the offences of sedition, promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., with imputations, assertions prejudicial to national-integration.
They were also charged with an act aimed at public mischief.
The case was also registered under Section 13 of Unlawful Activities (Prevention) Act (UAPA), 1967.
Besides Roy, Hussain, Syed Ali Shah Geelani, who was also Chairman of Tehreek-e-Hurriyat, and S.A.R Geelani, others present on the occasion included Varvara Rao, an accused in the Bhima-Koregaon case.
“Syed Ali Shah Geelani and Arundhati Roy, allegedly propagated that 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,” the statement added.
The statements of some of the speakers during the conference were mentioned by the complainant in his complaint dated October 28, 2010.
Further, transcripts of speeches given by Roy, SAR Geelani, and SAS Geelani were also submitted.
Two exhibits i.e. one CD and DVD were forwarded on December 01, 2017, for forensic examination at the computer division of CFSL, which opined that the CD/DVD was found to be logically functional and physically undamaged.
The Prosecution Sanction under section 196 CrPC was sought by Delhi Police for an offence under sections 153A, 153B, 504, 505 of IPC and Section 13 of the Unlawful Activities (Prevention) Act (UAPA), 1967 against Roy and Hussain.
Further explaining the charges, the notice by Delhi LG said, “Section 13 of the UAPA which deals with punishment for unlawful activities states that Whoever – (a) takes part in or commits, or (b) advocates, abets, advises or incites the commission of, any unlawful activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine.”
While Section 153A IPC deals with the offence of “Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”, Section 153B speaks about Imputations, assertions prejudicial to national-integration, it added.
Section 504 and 505 deals with intentional insult with intent to provoke breach of the peace and statements conducing to public mischief.
Section 196 of CrPC states that prosecution for offenses against the State and for criminal conspiracy to commit such offence,” the statement added.
