Shouldn't Geelani, Arundhati face sedition case?

By Ch. Sandeep Datta

It looks Hurriyat conference chief Syed Ali Shah Geelani and writer Arundhati Roy are not just running after international limelight with their anti-India rehetoric but, of late, have directly attempted to add fuel to the fire by provoking annoyed or dejected people in other parts of the country to develop disaffection for the Indian Government in the disguise of 'call for justice'.

Both of the individuals may have their 'compulsions' or ambitious reasons to provoke public sentiments against the Government establishment and India, such efforts need to be viewed as intentional attempt to break the country.

As such persons are well aware of the group of 'intelligentsia' who will always stand up for such 'voices', even if they lead to lead to violence or spread hatred among different sections of the society in the country.

In the last few months, by advocating Jammu and Kashmir's separation from India through inflammatory speeches in the Valley and hogging limelight internationally as 'the actual voice' of Kashmir, and for being the main mind behind the recent three-month long stone-pelting protests in Kashmir Valey, the separatist leader Geelani has certainly dared the Indian establishment.

Geelani, who is viewed as Pakistani agent, is a well-known separatist leader who seeks Kashmir be separated from India's reach of constitutional powers.

But Arundhati is comparitively a newcomer as 'Kashmiri activist'. Having gained attention of literratti since winning the Booker Prize for fiction, Roy associted herself to Narmada Bachao Andolan-led by noted social activist Medha Patkar and then temporarily shifting to Naxals' cause, has suddenly developed love for Kashmir's separatists.

It may be foolhardy to believe that Syed Ali Shah Geelani and writer Arundhati Roy, who gave some speeches recently in the capital seeking freedom of Kashmir and boycott of the Central Government appointed three-member team of interlocuters on Jammu and Kashmir, were not aware that they were inviting a serious trouble for themselves. And, they did what they did in full awareness of the law of the land and the 'Freedom of Speech' limitation.

Arundhati Roy’s questioning of the union of Kashmir with India is highly objectinable. It would be soft-mindedness of the Government agencies if they think a writer of her acclaim is not aware of Indian law.

As per Indian Penal Code (IPC), Section 124A which deals with Sedition cases, "Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards. the Government established by law in [India], shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

It explains -The expression "disaffection" includes disloyalty and all feelings of enmity,

"Comments" expressing disapprobation of the measures of the attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Roy, a Booker Prize-winning author, said at a seminar in New Delhi on Sunday that "Kashmir has never been an integral part of India -- it is a historical fact. Even the Indian government has accepted this."

The government is expected to seek the law ministry’s view on registering a case of sedition against Roy and hardline Kashmiri separatist leader Syed Ali Shah Geelani for their speeches. The Home Ministry had earlier referred their speeches made at the seminar to the police for appropriate legal action last week. The ministry move was made public after the BJP leader Arun Jaitley accused the government of “looking the other way”.

Agreed, everyone has been given freedom of speech and expression as a fundamental right in the Indian Constitution. And, Ms. Arundhati spoke in the national capital under that 'right.' But should others be also allowed to have their say in the best possible way or limit they find their freedom of speech stretches to.

Should any other public call given to declare her 'persona non grata' by throwing her out of India or ending her citizenzip or public condemnation of her by all colleges, institutes and burning of her books, or unofficially declaring her as 'enemy of the country for making attempts to disintegrate the unity of the country by supporting Naxals and the latest stone pelting Kashmiris will also not fall into that category.

Wouldn't anybody's public all to blacken such a person' face and burning her effigies outside every educational institute and seminar in which she dares to participate henceforth may also be 'justified' by the same definition of Freedom of Speech.

Of course, people need to also take care of not taking law into their hands. But launching of a national 'Thu-Thu' or spit campaign may also help her for the same cause and also satisfy the patriotic mind or the families of every such jawan who is either fighting at the border or has achieved martyrdom due to such sympathisers' 'call for justice' to break India.

The so called intellectuals coming in her support, including a prominent newspaper considered as the Bible of Journalism by this writer too, may also like to see such writers through the prism of a person's greed to seek popularity for personal gains or probability to receive something in lieu of such an act. The need of the hour for the country is to evaluate the effect of such acts to peace or situation in other disturbed or sensitive areas of the country and revisit the interpretation of such a freedom's cost to all.

It may be noted the Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality.

The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality.