Skip to main content

Sanction to persecute Arundhati Roy under UAPA politically motivated: PUCL

Counterview Network 

Top human rights group, People’s Union for Civil Liberties, has demanded that the authorities should immediately withdraw the prosecution against top author Arundhati Roy and Dr Sheikh Showkat Hussain, a Kashmir academic, under the "unconstitutional" Unlawful Activities (Prevention) Act (UAPA), calling the Delhi Lieutenant-Governor nod for the Delhi police move "politically motivated".
Seeking repeal  UAPA,  PUCL said in a statement, "We condemn this knee jerk reaction to grant sanction to prosecute an alleged offence committed almost fourteen years ago as nothing other than an attempt by the administration to intimidate and browbeat courageous writer and thinkers who dare to speak truth to power."

Text:

The PUCL condemns the decision of the Delhi Lieutenant-Governor Vinay Kumar Saxena to grant Delhi Police sanction to prosecute writer Arundhati Roy and Sheikh Showkat Hussain, (former Professor of International Law at Central University of Kashmir), in a 2010 case for offences under Section 13 of the Unlawful Activities Prevention Act. This decision of the LG follows the earlier decision to grant sanction to prosecute Roy and Husain for offence under sections 153A, 153B and 505 of the Indian Penal Code in October of 2023.
It bears noting that the sanction given by the LG for prosecuting Roy and Husain for offences u/s 153A, 153B and 505 IPC is hit by Sec. 468 CrPC which bars courts taking cognisance of cases after a delay of 3 years when the offences carry a maximum sentence of 3 years. It seems plausible that the LG’s sanction to prosecute for offences under section 13 UAPA (which carries a sentence of 7 years), after a gap of fourteen years is to get over this legal hurdle.
The invocation of the UAPA by the LG, is politically motivated, patently unconscionable and vindictive. Prima facie, it does not flow out of any concern for national security or national interest, but seeks to deploy the UAPA as a tool to serve one’s political masters. This is obvious from the fact that it is not even the LG’s case that the speeches made by Arundhati Roy and others at a convention on Kashmir, ‘Azadi: The Only Way’, organised in New Delhi in October 2010 has provoked violent disturbance in 2024, thereby necessitating urgent legal action under the UAPA!
A mature constitutional democracy ought not to prosecute speech, which by itself has no direct causal connection to violence or disorder. It is shameful that an FIR was even registered for speech which by all accounts did not incite or provoke any form of violence and even more reprehensible that the LG has granted sanction to prosecute, that too in 2024!
To persist in prosecuting the authors and writers under this old FIR, casts a long shadow on India as the world's largest democracy
We condemn this knee jerk reaction to grant sanction to prosecute an alleged offence committed almost fourteen years ago as nothing other than an attempt by the administration to intimidate and browbeat courageous writer and thinkers who dare to speak truth to power.
To persist in prosecuting these authors and writers under this old FIR, casts a long shadow on India as the world's largest democracy. A country which persecutes its writers and truth tellers, for words which it deems unpalatable, forfeits the claim to be the ‘mother of democracy’
We demand that the prosecution be withdrawn with immediate effect against both Arundhati Roy and Sheikh Showkat Hussain under both the UAPA as well as the IPC provisions for a speech made almost fourteen years ago.
We also demand that the UAPA, a law rife with unconstitutional implications be repealed.
-- Kavita Srivastava (president), Dr V Suresh (general secretary), PUCL

Comments

TRENDING

New UPF study strengthens case for statutory controls on junk food advertising

Counterview News   A randomized controlled trial published in the journal Nature Metabolism has found that ultra-processed foods (UPFs) trigger metabolic and neural responses distinct from minimally processed foods—even when the two meals are nutritionally identical. The study provides direct experimental evidence that food processing itself influences health through mechanisms beyond calories and macronutrients alone.

Kamal Mitra Chenoy, scholar and student activist who never stopped being both

By Harsh Thakor*  Professor Kamal Mitra Chenoy, who taught comparative politics and the Indian Constitution at the School of International Studies (SIS), Jawaharlal Nehru University, died on October 11. He was 75. A political scientist and public intellectual, he was known for his work on international relations, peace and conflict resolution, human rights and democratic values, and for his solidarity with students.

From air pollution to nuclear war: Capitalism's seventeen deadly outputs

By Bhabani Shankar Nayak*  The Lancet Commission's report on "21st Century Global Threats to Health" identifies seventeen interconnected crises threatening life on Earth: air pollution, antimicrobial resistance, childhood malnutrition, the collapse of development and health assistance, conventional conflicts, high alcohol use, high blood pressure, income inequality, low educational attainment, the malicious use of AI, nuclear conflict, obesity, pandemics, poor mental health, smoking, and unhealthy aging.