Delhi Lieutenant Governor Vinai Kumar Saxena has granted sanction to Delhi Police to prosecute author Arundhati Roy and former Kashmiri professor Sheikh Showkat Hussain in a 2010 case pertaining to their alleged remarks regarding separation of Kashmir from India.
As per a statement issued by the LG office on Tuesday, a prima facie case was made out against Roy and Hussain for the commission of offence under Sections 153A, 153B and 505 of the Indian Penal Code for their speeches at a public function in the National Capital.
It further said that though a case of sedition was being made out against the accused, but sanction for prosecution under Section 124A of IPC (Sedition) could not be granted owing to a Supreme Court order of May 5, 2022, which directed that all pending trials, appeals and proceedings with respect to the charges framed under Section 124A (Sedition) of IPC shall be kept in abeyance.
The statement noted that on September 12, 2023, A three-judge Bench headed by the CJI had referred the matter to a Constitution Bench.
Though Delhi Police sought sanction to prosecute Roy and Hussain for offences under Sections 153A, 1538, 504, 505 of IPC and Section 13 of the Unlawful Activities (Prevention) Act, 1967, it was granted the same only for three offences under IPC.
Following an order by a Court of Metropolitan Magistrate in Delhi, Police had registered an FIR against Roy, Hussain and others on November 29, 2010 under Sections 153A, 153B and 505 of the Indian Penal Code.
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