Case against Arundhati Roy for saying Kashmir was never integral part of India

Booker award winner author Arundhati Roy, who is known for her anti-India comments, will be facing a case for promoting enmity between different groups. Delhi Lt Governor V K Saxena, on Tuesday, granted permission to prosecute Arundhati Roy for her blatant anti-national statement - “Kashmir is not an integral part of India and it never was”.

Besides Roy, Sheikh Showkat Hussain, former professor of International Law at Central University of Kashmir will also be prosecuted. Both of them had delivered "provocative speeches" in a conference organised by 'Committee for the Release of Political Prisoners (CRPP) under the banner of "Azadi - The Only Way", on October 21, 2010.

Hours after Delhi Lt. Governor’s development, Congress leader P. Chidambarm, who was Union Home Minister in 2010, slammed it saying, "LG and his masters" have no place in their regime for tolerance or forbearance”. Congress leader went on to say that there was no justification to file a case against Arundhati Roy.

Curiously, Chidambaram’s comments came even after a ruling by the judiciary – Court of Metropolitan, New Delhi in a complaint filed by social activist Sushil Pandit. It was filed on October 28, 2010, with Tilak Marg Station House Officer against various people and speakers at the said rally. The complainant had alleged that the issue discussed and propagated was "Separation of Kashmir from India." It was also alleged the speeches were provocative in nature, thus jeopardising public peace and security. Court. The court then ordered a FIR against the concerned persons.

The official communication by LG office says, “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 the commission of an 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,".

Under Section 196(1) of the Code of Criminal Procedure (CrPC), a valid sanction for prosecution from the state government is a prerequisite for certain offences such as hate speech, hurting religious sentiments, hate crimes, sedition, waging war against the state and promoting enmity among others.Two other accused -- Kashmiri separatist leader Sayed Ali Shah Geelani and a Delhi University lecturer Syed Abdul Rahman Geelani, who was acquitted by the Supreme Court in Parliament attack case on technical grounds -- died during the pendency of the case.

Even after a court order to file a complaint against Arundhati Roy and others, Congress leader P. Chidambaram, who was Union Home Minister when anti-India conference took place, said on X , “A speech that does not directly incite violence will not amount to sedition,”.

Chidambaram said, "I stand by what I said in 2010 in a speech by Ms. Arundhati Roy, the well-known writer and journalist." "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,". The law on sedition has been explained by the Supreme Court on more than one occasion, he noted and added that a speech that does not directly incite violence will not amount to sedition. “When speeches are delivered, however many others may disagree with those, the State must show tolerance and forbearance”, he added.

Former Home Minister went on to say, “"I stand by free speech and against the colonial law of sedition. Section 124A has been misused often and hence it must be scrapped,".

Supreme Court lawyer Prashant Bhushan has also come out in support by taking X. He says, “The desperation of the Modi goct! They now sanction prosecution of Arundhati Roy for a speech made in 2010! DFor 30 years, she has written & spoken boldl: her view on Kashmir, Naxals, Palestine/Israel, fake nationalism, the so-called war on terror & society in general. She has won many international awards for her writings. Pathetic that the Modi govt. seeks to prosecute her for this!”.

Arundhati Roy has been resorting to anti-India tirade for quite a long time. Her video, shaking hands with terrorist Yasin Malik, was viral a few years back while she was active in opposing the CAA and NRC Act. She had also vehemently opposed abrogation of Article 370.

Some of them are:

1) “Elections are a season of murder, lynching and dog-whistling – the most dangerous time for India’s minorities, Muslims and Christians in particular.”

2) “Delimitation will cause great resentment in the southern states and has the potential to balkanise India,”

3) “…In 1998 a BJP-led Hindu nationalist government came to power. The first thing it did was to conduct a series of nuclear tests. They were greeted by most people, including writers, artists and journalists, in a language of virulent, chauvinistic nationalism,”