The Raj Niwas officials noted that the FIR against Roy and former professor Sheikh Showkat Hussain was filed as per the directives of the Court of Metropolitan Magistrate, New Delhi.

"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 commission of 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," a Raj Niwas official told PTI.

As per Section 196(1) of the Code of Criminal Procedure (CrPC), obtaining a valid prosecution sanction from the state government is mandatory for specific offences, including hate speech, offences against religious sentiments, hate crimes, sedition, acts against the state, and the promotion of enmity, among others.

2010 'Provocative Speech' Case

The FIR was registered following a complaint by Sushil Pandit, a social activist from Kashmir, on October 28, 2010, with the Tilak Marg Station House Officer against various people and speakers involved in delivering "provocative speeches" in public in a conference organised by 'Committee for release of Political Prisoners (CRPP) under the banner of "Azadi - The Only Way", on October 21 in Delhi.?

He said that the issue discussed and propagated was “separation of Kashmir from India” and that the speeches were provocative in nature, thus jeopardising public peace and security. According to the complainant, Roy claimed “Kashmir was never part of India and was forcibly occupied by the Armed Forces of India and every possible effort should be made for the independence of the State of Jammu & Kashmir from India”.

The Booker Prize winner had stirred a huge controversy when she, at the press conference, said that Kashmir has never been “an integral part of India” and that it is a “historical fact”. She also clarified that she was talking about “justice” for Kashmiri Pandits, what she called a “tragedy”. But Roy is not new to controversies for her powerful and politically sensitive causes.?

Following her remarks, the Congress government at Centre at the time had asked Roy to withdraw her statement saying it was “contrary to historical facts” and could be misleading. The author refused to backtrack.?

The home ministry had sought a sedition case against her and others involved. During the course of this case, two other individuals, namely Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani, who was acquitted by the Supreme Court in the Parliament attack case due to technical reasons, have passed away.

It may be noted here that the Delhi LG did not grant sanction for sedition charges (Section 124A) as the Supreme Court, while hearing another case in May 2022, directed all pending trials, appeals and proceedings with respect to the charge framed under that IPC section shall be kept in abeyance. Last month, the three-judge bench headed by CJI Chandrachud referred the matter to the constitution bench.

The sanction for prosecution interestingly comes amid a growing debate around freedom of expression, in view of the Delhi Police Special Cell's raids on NewsClick journalists and employees. NewsClick founder and editor Prabir Purkayastha and HR head Amit Chakravarty were arrested in the case involving alleged China funding. Roy was also seen at the solidarity meeting of journalists at the Press Club of India in Delhi last week.
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