Delhi Lieutenant Governor VK Saxena on Friday approved the prosecution of author and activist Arundhati Roy under the stringent anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), 1967. A case was registered under the act in 2010 over her comments on Kashmir.
Approval has also been given to prosecute Sheikh Showkat Hussain, a former Professor of International Law at the Central University of Kashmir. They are being prosecuted for remarks made at a seminar in New Delhi in 2010.
Sushil Pandit, a social activist from Kashmir filed a complaint in the case in October 2010, and a First Information Report (FIR) was registered in November 2010 on the orders of New Delhi’s Metropolitan Magistrate.
The complaint had alleged that Roy and Hussain, among others, delivered provocative speeches at a conference in New Delhi. This conference was organized for the Release of Political Prisoners under the banner of “Azadi-the Only Way” on October 21, 2010.
Officials claim that the issues discussed and spoken about at the conference propagated the idea of separating Kashmir from India. The two other co-defendants in the original complaint, Kashmiri separatist leader Syed Ali Shah Geelani and Professor Syed Abdul Rahman Geelani, have died since the complaint was made.
The Lieutenant Governor did not proceed to grant sanction under Section 124A of the Indian Penal Code (IPC), 1860, which penalizes sedition. The offence was invoked in the FIR against Roy and the other accused, but the Supreme Court had in May 2022 stayed the law’s operation.
A number of high-profile literary and legal figures have since expressed concern over Roy’s charges. They have called out the Prime Minister for considering the decision. Jammu & Kashmir’s parties, including the National Conference and Peoples Democratic Party on Saturday rallied behind the author and former law professor.
The Delhi Police sought prosecution under Sections 153A, 153B, 504, 505 of the IPC and Section 13 of the UAPA against both the accused. Section 13A of the UAPA deals with punishment for unlawful activities.
