What is The 2010 Provocative Speech Case Against Arundhati Roy?

New Delhi: Delhi Lt Governor V K Saxena has sanctioned the prosecution of author Arundhati Roy and a former professor in Kashmir Dr. Sheikh Showkat Hussain under the stringent Unlawful Activities (Prevention) Act for allegedly making provocative speeches at an event in 2010. "Delhi Lt Governor VK Saxena has sanctioned the prosecution of Arundhati Roy and former Professor of International Law in the Central University of Kashmir, Dr Sheikh Showkat Hussain, under section 45 (1) of Unlawful Activities (Prevention) Act (UAPA) in the case," a Raj Niwas official said on Friday. The FIR against Roy and former Central University of Kashmir professor Sheikh Showkat Hussain was registered following the orders of the Court of Metropolitan Magistrate, New Delhi, they added.  The FIR in the matter was registered on a complaint made by Sushil Pandit, a social activist from Kashmir, on October 28, 2010.  

Last October, the LG granted sanction to prosecute them under section 196 of CrPC for commission of offences punishable under different sections of the Indian Penal Code: 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).

‘Azadi — the only way’

While speaking at the October 2010 Kashmir event, which was organised under the banner ‘Azadi-the Only Way’, Roy falsely propagated that Kashmir was never a part of India, but instead forcibly occupied by the Armed Forces of India. Her statement ignited a firestorm of controversy, leading to protests by BJP Mahila Morcha at her residence over her remarks concerning Kashmir. Those who delivered speeches at the conference included Syed Ali Shah Geelani, SAR Geelani (anchor of the Conference and prime accused in the Parliament attack case), Arundhati Roy, Dr. Sheikh Showkat Hussain and Varavara Rao.

Subsequently, the Kashmiri Pandit group Roots in Kashmir (RIK) filed a legal case against Roy, Syed Ali Shah Geelani, and others. Another complaint, spearheaded by Kashmiri Pandit Abhishek Kaul, alleged that Roy, Geelani, and Hussain made anti-India statements aimed at inciting Kashmiri youth against the Indian armed forces.

In November 2010, Metropolitan Magistrate Navita Kumari Bagha directed Delhi Police to register an FIR against Roy, Syed Ali Shah Geelani, Varavara Rao, S.A.R. Geelani, Sheikh Showkat Hussain, and two others. The FIR was lodged at Tilak Marg Police Station. Despite the subsequent passing of Syed Ali Shah Geelani in 2021 and S.A.R. Geelani in 2019, the case, which involves charges under Section 124A of the IPC (sedition), remains pending before the Supreme Court awaiting further legal proceedings.   

The complainant filed a complaint under Section 156(3) of CrPC before the Metropolitan Magistrate Court, New Delhi, which disposed of the complaint on November 27, 2010 with the directions to register an FIR.  Accordingly, an FIR was registered and an investigation was carried out.