World

India police to investigate Roy over Kashmir remarks

Appeal in court accuses Roy of sedition for saying that Kashmir is not an integral part of India.

Reuters November 27, 2010

NEW DELHI: An Indian court ordered police on Saturday to investigate whether award-winning author

Arundhati Roy could be tried for sedition over her comments about Kashmir.

In an appeal to a local court, Sushil Pandit, a private citizen, accused Roy of sedition for saying that Kashmir was not an integral part of India at a seminar in New Delhi last month.

"The court decided to instruct the police to register a proper (complaint), investigate the crime and report back by 6^th of January," Pandit told reporters.

Roy, a fierce critic of India's policy in Indian Held Kashmir, will be investigated alongside Kashmiri leader Syed Ali Shah Geelani and five other people, according to the petitioner's lawyer and police.

"This is a ploy to distract attention from the real issue,"Roy, winner of the 1997 Booker Prize for "The God of Small Things", told CNN-IBN television.

Police confirmed they had receiced a court order to investigate the case.

Speaking to Reuters in Srinagar, Geelani said he was aware of the case.

"This is nothing new for me. There are already dozens of cases against me," he said.

Violent anti-government protests have swept Indian Held Kashmir since June, killing more than 110 people.

COMMENTS (13)

Anoop | 13 years ago | Reply @Talat, UN does not hold greater precedence than the Constitution of India and the will of the people. I agree Nehru went to the UN but backtracked when he realized how impossible the task is. No leader or party will dare to amend the constitution and if they amend it that would have to be cleared by the Supreme Court. Considering the Basic Structure theory that is entirely ruled out. Lets just ignore the fact that the leader or party which talks in this fashion can kiss his/her/its political future goodbye. Like the Blasphemy laws in Pakistan, the Constitution cannot be amended in this aspect, EVER.

Talat | 13 years ago | Reply @G.din ".....Jawahar Lal Nehru. The same Jawahar Lal later said that Kashmir is “an integral part of India” I can understand Pakistanis latching onto the first statement; however, rationality would give precedence to the later statement. Not that we can expect Pakistanis to be rational at least in this case." Please rationalize this whole matter for us. Explain to us why Nehru changed his stance on the issue in the first place "UN Resolutions are defunct now as repeated by the Secretary General. If that is not so, why doesn’t Pakistan take the case to UN and demand it enforce its resolutions." Please explain to us why the UN had to pass this resolution. Surely India was more powerful than Pakistan back then too, so naturally we could not have influenced UN.

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G. Din | 13 years ago | Reply @Mir Agha Mir Sahib: Where were you between 1947 and 1989? That is for 42 years out of 63 years. Hibernating, I presume. When Ayub Khan sent infiltrators in 1965 to stoke up a rebellion, where were you? Instead Kashmiris handed over those troublemakers to the police. Does it matter if you have woken up now. The world has not stood still. You still have the options of going to UN and demanding enforcement of its resolutions and, taking the "fraudulent" accession of Kashmir to India to the International Court. Or, perhaps the best option, say "Tallaq-Tallaq-Tallaq" to India, gather up your belongings and walk away to azaadi which POK citizens enjoy. We will all bid you a sad good-bye, I assure you.

Mir Agha | 13 years ago | Reply The rants and theories about Kashmir being an integral part of India are being taken apart, in addition to the fact no one in Kashmir buys those theories. Kashmiris see the anti-Kashmiri stand that India has taken since 47, which is a continuation of the repressive dogra regimes and their dictators.

SKChadha | 13 years ago | Reply Friends, in India, law and order is a state subject. What you speak in Kashmir may not be a crime in J&K. However, the same may be a crime, law and order violation or sedition in another State. While speaking as to integrity and unity of India, the hurriat pasand are required to observe law of the land. The same is true about Arundhati Roy. A separatist voice ignored in Kashmir may turn to be a serious crime in other parts of India. The speakers should know the law of the land, which I hope that they may have observed. Let us see whether they have crossed the thin line demarked in Article 19 between ‘Right to Speech’ and ‘Sedition’? It is admitted by Mr Gillani and Arundhati Roy that what they speak is with full mens rea. Let us see whether it is ‘Murder in self defense’ or ‘Murder for self gain’? So called hurriat leaders should be cautious enough while speaking separatism in other parts of India as it may lead to serious law and order problem for that State and result in bloodshed.

G. Din | 13 years ago | Reply @Ahmer Ali "...As Pandit Kawahir La’al Nehru clearly defined in his historical speech in 1947 that Kashmiri people shall decide about their sovereignty either they want to affiliate with India or Pakistan then ..." The name is Jawahar Lal Nehru. The same Jawahar Lal later said that Kashmir is "an integral part of India" I can understand Pakistanis latching onto the first statement; however, rationality would give precedence to the later statement. Not that we can expect Pakistanis to be rational at least in this case. "...India ...consider the Kashmir issue’s solution the guarantee of long-term peace in S.E.Asia on permanent basis..." That, we do. But there may be a difference what we consider to be "Kashmir issue’s solution" than you do. We consider that solution to be vacation of Pakistan of the territory that it is illegally occupying, including Gilgit-Baltistan and its unification with the rest of that state as it existed under Maharaja's rule on 1947. That will also include ejection of all outsiders that have settled in those areas "...Indian leaders...shall have to show sincerity and honesty to resolve the most burning and core Kashmir issue on priority basis according to UN resolutions ..." UN Resolutions are defunct now as repeated by the Secretary General. If that is not so, why doesn't Pakistan take the case to UN and demand it enforce its resolutions. Even if they were not, those resolutions required that 1. all outside forces and personnel - meaning Pakistanis - shall vacate the POK and 2. India shall maintain a nominal force for policing purposes. When those conditions had been fulfilled, there would be a plebiscite. Evidently, the first condition was never fulfilled. Not only that, Pakistan tried to annex the state by invasions, infiltrations. Conditions have changed in the last 60+ years and it is impossible to fulfill those conditions any more. Kashmir acceded to the Dominion of India exactly per the process set up for such accession. Maharaja of Kashmir signed that accession instrument. If Pakistan disputes its validity, it is free to take the case to the International Court. The question is: Why hasn't it? From 1947 to 1989 Kashmir and Kashmiris were at peace. Due to Pakistani penchant for making michiefs, that peace has been disturbed but India is equal to the travesty of Pakistani mischief-mongering and we shall not allow it to succeed. Remind yourself that Pakistan lost half of its territory only because of Kashmir and has the dubious honour of surrendering about 100,000 POW. Most people would consider it wise not to stoke the fires and lose more of its territory in the process. They may be assured that India while cognizant of the risks of a nuclear conflagration will not shy away from a conflict if forced upon it. To the vocal minority of Kashmiri Muslims: Outside of Islam, no one believes in "Talaaq-Tallaq-Tallaq". If you want out of this relationship with India, just walk away, over the Aman Setu and keep on walking into the Kingdom of the Pure!

Ronit | 13 years ago | Reply It is so assuming to see that Pakistani right wingers love a hardcore Indian leftists(whose theories and ideas are ridiculous and anti democratic) but often ridicule their own left wingers, who openly say that Balochistan is no different from Kashmir. She is the darling of the Pakistani media, civil society , establishment and the right-wingers because she supposedly speaks up for "Kashmiri rights". If a Pakistani version of Arundhati demanded the same right for the Baloch people then would these very supporters of the Indian Arundhati, support and defend the Pakistani Arundhati too?

Ahsanullah Mehsud | 13 years ago | Reply it shows Indian can not stomach the realities

Ahmer Ali | 13 years ago | Reply Assalam-o-Allaikum Wrahmatullah.As Pandit Kawahir La'al Nehru clearly defined in his historical speech in 1947 that Kashmiri people shall decide about their sovereignty either they want to affiliate with India or Pakistan then why Indian leaders are sowing impatience and trying their utmost to press forcibly any voice on Kashmir issue from raising?India claims the biggest democracy in the world and Indian leaders don't have patience and courage to face resistance on Kashmir issue and on other side Indian leaders want to resolve Kashmir issue for the real peace in S.E.Asia and consider the Kashmir issue's solution the guarantee of long-term peace in S.E.Asia on permanent basis.If Indian leaders are much more sincere and honest to resolve Kashmir issue then they shall have to face the resistance and shall have to show patience and courage and shall have to show sincerity and honesty to resolve the most burning and core Kashmir issue on priority basis according to UN resolutions and Kashmiri people's wills and desires and shall have to admit honestly and sincerely in the light of Jawahir La'al Nehru's historical speech in 1947 that Kashmir is a disputed territory and not an integral part of India.What happened if World Atlas Map has shown Kashmir the Indian part.

Samuel | 13 years ago | Reply This is how Aasia bibi's case should have been handled rather than an FIR issued. Sedition and Blasphemy are serious crimes against the STATE, not a private individual.

Rajat | 13 years ago | Reply Fortunately judiciary in India is free from influences of extremists. She would most probably be cleared of all charges. The only headache for her will be the judiciary process, which is long and tedious.

Talat | 13 years ago | Reply I can't see how it is an "integral" part of India when the people of kashmir don't consider it as part of India.

Anoop | 13 years ago | Reply Whatever happens the Indian Justice system will be there to protect her. Freedom of Expression is guaranteed in the Indian Constitution.

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