New Delhi: Delhi Lieutenant Governor Vinai Kumar Saxena has approved the prosecution of author-activist Arundhati Roy and Dr. Sheikh Showkat Hussain, a former professor at the Central University of Kashmir, under Section 45 of the Unlawful Activities (Prevention) Act (UAPA). The sanction relates to a 2010 FIR accusing the duo of delivering provocative public speeches.
Background: The FIR was filed following a complaint by social activist Sushil Pandit in 2010. Last October, the L-G granted sanction under Section 196 of the CrPC for prosecuting the accused on charges of promoting enmity between different groups and making statements intended to incite public mischief.
Incident Details: The complaint alleges that Roy and Hussain made incendiary remarks at an October 2010 conference titled “Azadi – The Only Way,” held at LTG Auditorium, Copernicus Marg, New Delhi.
Legal Proceedings: Initially, the Delhi Police sought prosecution under various sections of the Indian Penal Code (IPC) – 153A, 153B, 504, and 505 – as well as Section 13 of the UAPA. In October, the L-G sanctioned prosecution only under the IPC sections. However, the recent decision includes UAPA Section 13, which pertains to punishment for unlawful activities such as advocating, abetting, or inciting any unlawful activity, carrying a potential seven-year imprisonment.
Relevant Legal Sections:
- Section 153A IPC: Promoting enmity between different groups based on religion, race, etc.
- Section 153B IPC: Assertions prejudicial to national integration.
- Section 504 IPC: Intentional insult with intent to provoke breach of peace.
- Section 505 IPC: Statements conducing to public mischief.
- Section 13 UAPA: Punishment for unlawful activities.
