The order of Lt-Governor of Delhi V.K. Saxena to prosecute writer Arundhati Roy and Kashmir University professor Sheikh Showkat Hussain for a speech they made in 2010 casts itself unfavourably in the minds of democratic-minded people in the background of the Union government's attempts of late to use legal provisions against its opponents and critics.
The charges against the celebrated writer and prominent critic of the NDA government include promoting enmity between different groups on the grounds of religion, race etc.
The Lt-Governor, however, has denied permission to prosecute the two under the anti-terror law Unlawful Activities (Prevention) Act, 1967, and the sedition law which has been frowned upon by the Supreme Court.
The NDA government has discovered the use of the law and the systemic inefficiency in our country to target its ideological opponents legally instead of taking them on a level-playing field.
The editor and the HR head of English portal NewsClick are less fortunate compared with Ms Roy and Prof. Hussain in that they have been slapped with sections under the UAPA, which would make their release from jail a near impossibility in the near future. The prosecution had very less in terms of proof when the Supreme Court asked for it while considering the bail plea of former Delhi minister Manish Sisodia who has been in jail for more than seven months in a case registered under Prevention of Money Laundering Act, 2002. Courts have made it clear several times that people should not be proceeded against their speeches unless there is an open call for violence or resulted in them.
A republic founded on democratic principles and one that upholds citizens' right to freedom of speech and expression need not be that touchy. The Indian nation faced no specific challenge after the Supreme Court practically neutralised the sedition law. On the other hand, it showed the strength and sagacity of Indian democracy. A democratic government must celebrate differences of opinion by its citizens instead of chasing them down.
