
Arundhati Roy Faces Legal Action Over Her Kashmir Address. Pic/respersentional
In a recent development, the Lieutenant Governor of Delhi has granted approval for the prosecution of renowned novelist Arundhati Roy and former International Law Professor at the Central University of Kashmir, Professor Sheikh Showkat Hussain. This action comes in connection with a case related to their comments on Kashmir back in 2010.
FIR Registered Following Court Ruling
the initiation of this case began with the registration of a First Information Report (FIR). This step followed a ruling by the Court of Metropolitan Magistrate in New Delhi. Notably, the case has also been registered under Section 13 of the Unlawful Activities (Prevention) Act (UAPA), 1967. The decision to prosecute these individuals was not taken lightly, and it appears that a prima facie case has been established against Ms. Roy and Dr. Hussain for offenses under sections 153A, 153B, and 505 of the Indian Penal Code (IPC). These charges stem from their speeches at a public event in the National Capital.
Charges Under Sections 153A, 153B, and 505 of the IPC
Sections 153A of the Indian Penal Code are particularly pertinent in this case, as they relate to promoting enmity between different groups based on various factors, including religion, race, place of birth, residence, language, etc. Furthermore, this section addresses acts that are prejudicial to the maintenance of harmony. Section 153B of the IPC pertains to imputations and assertions that are prejudicial to national integration, while Section 505 of the IPC deals with statements conducive to public mischief. These charges underscore the gravity of the situation and the potential consequences for the accused.
Notable Absences and Ongoing Proceedings
It is essential to mention that two other individuals involved in the case, Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani, have unfortunately passed away during the course of the proceedings. Additionally, Delhi Police has stated that a decision regarding the request for granting prosecution sanction for an offense under Section 124A (Sedition) of the IPC is currently on hold in accordance with the directions of the Supreme Court. This development has generated significant interest and attention.
In a related context, the case traces its origins back to a complaint filed by Sushil Pandit, a social activist from Kashmir, on October 28, 2010. The complaint was against various speakers involved in a public conference organized by the ‘Committee for the Release of Political Prisoners.’ These individuals were accused of delivering provocative speeches that jeopardized public peace and security. The core issue discussed and propagated during the event was the “Separation of Kashmir from India,” a matter of immense sensitivity and importance in the region.
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