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Arundhati Roy to be prosecuted under UAPA

Booker-winning author Arundhati Roy to be prosecuted for an alleged provocative speech made in 2010.Delhi Lieutenant Governor VK Saxena on Friday sanctioned the prosecution of author and activist Arundhati Roy under the stringent anti-terror law, the Unlawful Activities (Prevention) Act (UAPA), in a case registered in 2010 over her comments on Kashmir. Approval has also been given to prosecute Sheikh Showkat Hussain, a former Professor of International Law at Central University of Kashmir, under the UAPA.The FIR in the case was registered on November 28, 2010 on the directions of the metropolitan magistrate for the offences of sedition, promoting enmity between different groups on the grounds of religion, race, place of birth, residence and language, with imputations and assertions prejudicial to national integration, officials at the LG secretariat said.
"Roy and Hussain had allegedly made provocative speeches at a conference organised under the banner of 'Azadi - The Only Way' on 21.10.2010 at LTG Auditorium, Copernicus Marg, New Delhi. The issues discussed and spoken about at the conference propagated the 'separation of Kashmir from India'," the Governor's office said.Apart from Roy and Hussain, others who participated in the event included the Kashmiri separatist Syed Ali Shah Geelani, former Delhi University lecturer SAR Geelani, who was acquitted in the Parliament attack case, and activist Varavara Rao. All three died as the case progressed. They  were present at a conference organised by ‘Committee for Release of Political Prisoners (CRPP)’ under the banner of ‘Azadi - The Only Way’ on October 21, 2010 at LTG Auditorium, Copernicus Marg, in New Delhi.
Sushil Pandit, the complainant, approached the Metropolitan Magistrate Court in New Delhi seeking a direction to the police to initiate a probe, and the court ordered the registration of an FIR in November 2010.The Raj Bhavan, in October 2023, granted sanction to prosecute them under section 196 of the CrPC for the 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).
But the Delhi Police recently submitted its proposal to grant permission of prosecution sanction under section 45 (1) of UAPA, it was granted as per the norm.Section 45 (1) bars a court from taking any cognisance of the offence under the Unlawful Activities (Prevention) Act (UAPA), 1967, without the previous sanction of the central or the state government, as the case may be.


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