Delhi Lt Governor V K Saxena has approved the prosecution of novelist Arundhati Roy and a former Kashmiri professor in a 2010 case involving alleged inflammatory speeches, according to Raj Niwas authorities, news agency PTI reported. The FIR was filed against Roy and former lecturer Sheikh Showkat Hussain in response to instructions issued by the Court of Metropolitan Magistrate in 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 was quoted by PTI in its report.
A legitimate authorisation for prosecution from the state government is required under Section 196(1) of the Code of Criminal Procedure (CrPC) for specific offences such as hate speech, hurting religious sensibilities, hate crimes, sedition, waging war against the state, and fostering enmity, among others.
Two other suspects, Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani, were acquitted by the Supreme Court in the Parliament assault case on technical grounds.
On October 28, 2010, Sushil Pandit, a Kashmiri social activist, filed a complaint with the Tilak Marg Station House Officer against various people and speakers involved in delivering "provocative speeches" in public at a conference organised by the Committee for the Release of Political Prisoners (CRPP) under the banner of "Azadi - The Only Way" on October 21.
The complaint said that the subject addressed and spread was "Kashmir's Separation from India."
It was also claimed that the speeches were inflammatory in character, putting public peace and security at risk.