Delhi Lt Governor (LG) Vinai Kumar Saxena has sanctioned the prosecution of writer Arundhati Roy and former Professor of International Law in Central University of Kashmir, Dr Sheikh Showkat Hussain, u/s 45 (1) of Unlawful Activities (Prevention) Act in case FIR No. 258/2010 dated 29.11.2010 u/s 124-A/153A/ 153B/504 and 505 of IPC and 13 UA (P) Act, officials said here 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. There was no immediate reaction from Roy and Hussain.

The FIR in the matter was registered on a complaint made by Sushil Pandit, a social activist from Kashmir, on October 28, 2010.

"Delhi Lt Governor VK Saxena has sanctioned the prosecution of Arundhati Roy and former Professor of International Law in Central University of Kashmir, Dr Sheikh Showkat Hussain, under section 45 (1) of Unlawful Activities (Prevention) Act in the case," a Raj Niwas official said on Friday.

Last October, the LG had 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). Under Section 196 of CrPC, the central or state government is required to grant a sanction before courts can take cognisance of certain offences under the IPC.

Section 13 of the UAPA deals with punishment for unlawful activities for advocating, abetting or inciting any unlawful activity and is punishable with imprisonment for up to seven years.  Section 153A IPC deals with “promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”, while Section 153B with “imputations, assertions prejudicial to national-integration”.

Section 505 deals with intentional insult with intent to provoke breach of the peace. Roy and Hussain had allegedly made provocative speeches at a conference organised under the banner of 'Azadi — The Only Way' on October 21, 2010 at LTG Auditorium, Copernicus Marg, here.

"The issues discussed and spoken about at the conference propagated the separation of Kashmir from India," said the official.

Those who delivered speeches at the conference included Syed Ali Shah Geelani, SAR Geelani (anchor of the conference and prime accused in Parliament attack case), Arundhati Roy, Dr Sheikh Showkat Hussain and Varavara Rao.

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

Roy has been a vocal critic of the BJP and Modi government and has criticised it on several issues.

The controversial ‘author’ had promoted the BBC documentary on Prime Minister Narendra Modi, which attempted to shield Islamists responsible for burning the Sabarmati Express and killing 59 Hindus (29 women and 10 children) in the process. “The BBC broadcast a two-part documentary called India: The Modi Question…The BBC film implicates Modi in the abetment of mass murder…Episode 1 of the BBC film The Modi Question is about the 2002 anti-Muslim pogrom which raged through the state of Gujarat after Muslims were held responsible for the burning of a railway coach in which 59 Hindu pilgrims were burned alive,” she had said.