The Delhi Lieutenant Governor, VK Saxena, has granted sanction for the prosecution of author Arundhati Roy and Sheikh Showkat Hussain, a former Professor of International Law at the Central University of Kashmir, in a 13-year-old case relating to provocative speeches at a public function in 2010. This decision comes after a long legal process and controversy surrounding the case.
The case dates back to speeches made by Arundhati Roy and Sheikh Showkat Hussain at a public function in the National Capital in 2010. The FIR in the matter was registered in November 2010, and it accused several individuals of delivering provocative speeches at a conference organized by the Committee for the Release of Political Prisoners (CRPP) under the banner of “Azadi – The Only Way.”
The charges against Arundhati Roy and Sheikh Showkat Hussain include sections 153A, 153B, and 505 of the Indian Penal Code (IPC), which deal with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and statements conducing to public mischief.
Notably, despite a prima facie case of sedition being made out, the sanction has not been granted under Section 124A of the IPC, which pertains to sedition. This is due to the fact that the Supreme Court, in another case, directed that all pending trials, appeals, and proceedings related to charges framed under Section 124A (sedition) of the IPC should be kept in abeyance. The matter was subsequently referred to a Constitution Bench by a three-Judge Bench headed by the Chief Justice of India (CJI) on September 12, 2023.
In this context, it’s important to mention that two other accused in the case, 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 passed away during the pendency of the case.
This decision to grant sanction for prosecution has raised questions and sparked debates on issues related to freedom of expression and sedition laws in India. It also reflects the complex legal and political landscape surrounding such cases, where the interpretation and application of laws can be contentious and subject to judicial scrutiny.
