Delhi LG okays Arundhati's Roy's prosecution in 'provocative speech' case

Delhi Lt Governor V K Saxena has accorded sanction for the prosecution of author Arundhati Roy and a former Kashmiri professor in a 2010 case related to alleged provocative speeches, Raj Niwas officials said on Tuesday.

The FIR against Roy and former professor Sheikh Showkat Hussain was registered following the orders of the court of the metropolitan magistrate, New Delhi, they added.

"LG V K Saxena noted that prima facie a case is made out against Roy and Dr Hussain, former professor, International Law, Central University of Kashmir, for commission of offence under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony), 153B (imputations, assertions prejudicial to national-integration) and 505 (statements conducing to public mischief) of Indian Penal Code for their speeches at a public function in the national capital," a Raj Niwas official said on Tuesday.

Under Section 196(1) of the Code of Criminal Procedure (CrPC), a valid sanction for prosecution from the state government is a prerequisite for certain offences such as hate speech, hurting religious sentiments, hate crimes, sedition, waging war against state and promoting enmity among others.

Two other accused -- 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 on technical grounds -- died during the pendency of the case.

Sushil Pandit, a social activist from Kashmir, had filed a complaint on October 28, 2010 with the Tilak Marg Station House Officer against various people and speakers involved in delivering "provocative speeches" in public in a conference organised by 'Committee for release of Political Prisoners (CRPP) under the banner of "Azadi - The only Way", on October 21.

The complainant had alleged that the issue discussed and propagated was "Separation of Kashmir from India".

It was also alleged the speeches were provocative in nature, thus jeopardising public peace and security.