Why in news?

Delhi Lieutenant Governor has sanctioned the prosecution of author-activist Arundhati Roy and Dr Sheikh Showkat Hussain, former professor at the Central University of Kashmir, under Section 45 (1) of the stringent Unlawful Activities (Prevention) Act.

They are being prosecuted in relation to a 2010 FIR concerning provocative speeches in public at a New Delhi auditorium.

What’s in today’s article?

• Unlawful Activities (Prevention) Act
• Section 45 (1) of the UAPA
• Background of the case

The Unlawful Activities Prevention Act (UAPA), 1967

• About
  • Enacted in 1967, UAPA is the primary counter-terror law in India.
  • It was enacted to outlaw and penalise unlawful and terrorist activities, which pose a threat to the integrity and sovereignty of India.
• Key provisions of UAPA
  • Wide ranging powers to Central Govt
    • It provides wide-ranging powers to the Central Government to designate organisations as terrorist organisations and
    • It also prescribes the penalties for taking part in the activities of such organisations.
  • Applicability
    • It is also applicable if the offences are committed outside India.
    • Both Indian and foreign nationals can be charged.
  • Timeline
    • A charge sheet can be filed in maximum 180 days after the arrests.
    • The investigation has to be completed within 90 days.
    • If investigation is not completed with the stipulated time, the accused is eligible for default bail.
  • Special court
    • The act establishes a special court designated to conduct trials.
• 2019 Amendment of UAPA
  • The original act was amended in the years 2004, 2008, 2013, and 2019 to increase its scope and ambit. 2019 amendment changed the following:
  • Who may commit terrorism:
    • The amendment additionally empowers the government to designate individuals as terrorists on the same grounds.
  • Approval for seizure of property by NIA:
    • The Amendment adds that if the investigation is conducted by an officer of the NIA, the approval of the Director General of NIA would be required for seizure of such property.
  • Insertion to schedule of treaties
    • The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
    • The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).
    • The Amendment adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

Section 45 (1) of the UAPA

• Section 45 (1) of the UAPA pertains to the requirement of prior sanction from the appropriate government authority before a court can take cognizance of any offense under the UAPA.
  • Under Section 45(2), the sanction for prosecution has to be given within a prescribed time only after considering the report by the competent authority.
  • The authority is expected to make an independent review of the evidence gathered by the investigation agency before making a recommendation to the government for the sanction.
• Specifically, it states that no court shall take cognizance of any offense under Chapter III (which deals with unlawful activities) or Chapter IV (which deals with terrorist activities) without the prior sanction of the Central Government or, as the case may be, the State Government.
• This provision ensures that prosecutions under the UAPA, which involve serious charges related to national security, have oversight and approval from higher government authorities before proceeding in the judicial system.

Background of the present case

• FIR registered against the accused
  • In 2010, an FIR was filed by social activist Sushil Pandit accusing Arundhati Roy and Dr. Sheikh Showkat Hussain of making provocative speeches at a conference titled "Azadi-The Only Way".
  • This conference was held on October 21 at the Little Theatre Group (LTG) Auditorium in New Delhi.
  • The speeches allegedly promoted the idea that Kashmir was never part of India, was forcibly occupied by the Indian Armed Forces, and called for the independence of Jammu and Kashmir from India.
• L-G granted sanction under Section 196 of the Code of Criminal Procedure (CrPC)
  • In October 2023, Delhi L-G granted sanction under Section 196 of the CrPC to prosecute Roy and Hussain for promoting enmity between different groups and making statements likely to cause public mischief.
  • Although the Delhi Police had sought prosecution under IPC Sections 153A, 153B, 504, 505, and Section 13 of the UAPA, the Lt Governor only granted sanction for the IPC sections.
    • Section 13 of the UAPA– It deals with punishment for unlawful activities for advocating, abetting or inciting any unlawful activity and is punishable with imprisonment up to seven years.
    • IPC Section 153A - Promoting enmity between different groups based on religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintaining harmony.
    • IPC Section 153B - Making imputations and assertions prejudicial to national integration.
    • IPC Section 504 - Intentional insult with intent to provoke a breach of peace.
    • IPCSection 505- It pertains to statements conducing to public mischief. It is divided into three sub-sections, each addressing different forms of statements or rumors that can cause public disorder or incite violence.
• Prosecution under UAPA
  • Now, the L-G has given his not to prosecute these two under UAPA.