Delhi L-G nod for prosecution of Arundhati Roy in 2010 speech case

The sanction was granted under Section 196 of the Criminal Procedure Code, which mandates the permission of the state for prosecution in such offences.

An FIR was registered on November 27, 2010 at Tilak Marg Police Station as per orders of the Court of Metropolitan Magistrate, New Delhi, following a complaint by Sushil Pandit, a social activist from Kashmir.

The complainant had alleged that Roy and Hussain among others delivered provocative speeches at a conference organised by the Committee for Release of Political Prisoners under the banner of “Azadi – The Only Way” on October 21, 2010.

Two other accused, Kashmiri separatist leader Sayed Ali Shah Geelani and Syed Abdul Rahman Geelani, a Delhi University lecturer who was acquitted by Supreme Court in the Parliament attack case, died during the pendency of the case.

The police had booked Roy and others under sedition laws as well but since the matter on Section 124A of IPC is pending in the Supreme Court a “decision on it may not be taken at present,” an L-G House official said.

Senior Congress leader P Chidambaram questioned the L-G’s move, alleging misuse of the sedition law.

“I stand by what I said in 2010 on a speech by Ms Arundhati Roy… There was no justification then to register a case against her on the charge of sedition. There is no justification now to sanction prosecution against her,” he posted on X.

“The law on sedition has been explained by the Hon’ble Supreme Court on more than one occasion…Section 124A has been misused often and hence it must be scrapped. There are other provisions of law that are adequate to deal with incitement to violence,” Chidambaram said.

“It is obvious that the LG (and his masters) have no place in their regime for tolerance or forbearance; or for that matter the essentials of democracy,” he posted.

Responding to Chidambaram, BJP’s Amit Malviya posted on X: “The LG has not sanctioned Arundhati Roy’s prosecution under Section 124A (sedition) of IPC, precisely because the matter is with a Constitutional Bench of the Supreme Court. The sanction to prosecute Arundhati Roy has been given under Section 153A, 153B and 505 of the IPC.”

Officials said Delhi Police sought prosecution sanction under Sections 153A, 153B, 504, 505 of the IPC and Section 13 of the UAPA against Roy and Hussain. However, sanction was only granted under three of the IPC provisions.

Section 13 of the UAPA deals with punishment for unlawful activities for advocating, abetting or inciting any unlawful activity and is punishable with imprisonment for up to seven years.

Section 153A IPC deals with “promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”, while Section 153B with “imputations, assertions prejudicial to national-integration”. Section 505 deals with intentional insult with intent to provoke breach of the peace.