J&K & Ladakh High Court to Form Special Bench to Hear Challenge Against Ban on 25 Books
The J&K Home Department notification issued on August 5 said that 25 books ordered to be “forfeited” to the government on the Lieutenant Governor’s orders spread misleading content, often disguised as historical or political commentary, inciting violence, glorifying terrorism, and radicalizing youth by distorting facts, vilifying security forces, and promoting alienation
SRINAGAR: The Jammu & Kashmir and Ladakh High Court will form a Special Bench of three judges to hear a petition challenging a government notification that forfeited 25 books on Kashmir’s political and social history, for "promoting false narratives and secessionism" in the Union Territory.
These books including those written by Arundhati Roy, Tariq Ali, A.G.Noorani and Sumantra Bose, were banned under Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) though an order issued by the J&K government in August this year.
Chief Justice Arun Palli stated that orders to constitute the bench would be issued soon. Advocate Vrinda Grover raised the issue before the Chief Justice, noting that the petitioners, including Air Vice Marshal (Retd.) Kapil Kak, Dr. Sumantra Bose, Dr. Radha Kumar, and Wajahat Habibullah, are seeking to quash the August 5, 2025, Home Department notification (S.O. 203) under Section 99(1) BNSS.
The J&K Home Department notification issued on August 5 said that 25 books ordered to be “forfeited” to the government on the Lieutenant Governor’s orders spread misleading content, often disguised as historical or political commentary, inciting violence, glorifying terrorism, and radicalizing youth by distorting facts, vilifying security forces, and promoting alienation.
The government in the notification signed by Chandrakar Bharti Principal Secretary to Government, cited threats to national integrity and public order, noting violations under Sections 152, 196, and 197 of the BNSS, 2023. The decision, however, sparked widespread criticism for stifling free speech and intellectual discourse.
The petitioners argue that the notification is arbitrary, overly broad, and lacks reasoning, failing to meet the legal standards of Section 98 BNSS. They contend that it does not specify any portions of the books that allegedly promote secessionism or provide a reasoned basis for forfeiture.
Citing the Supreme Court’s ruling in Narayan Das Indurakhya v. State of Madhya Pradesh (1972), they argue that merely quoting statutory provisions without detailing specific grounds is insufficient. The petition also relies on precedents like Harnam Das v. State of Uttar Pradesh and Arun Ranjan Choudhury v. State of West Bengal, which require grounds to be linked to the “import, effect, or tendency” of the publication through specific excerpts or content analysis.
The petition highlights that the notification fails to distinguish between the government’s “opinion” and the “grounds” for that opinion, which must be evident in the order itself.
On August 29, the Supreme Court declined to hear a related PIL by advocate Shakir Shabir challenging the ban, directing the petitioner to approach the J&K and Ladakh High Court. The bench, comprising Justices Surya Kant, Joymalya Bagchi, and Vipul M. Pancholi, noted that the High Court, as a constitutional court, was better positioned to adjudicate the matter, emphasizing the importance of its perspective on local issues.
The forfeited books include titles such as 'Human Rights Violations in Kashmir' by Piotr Balcerowicz and Agnieszka Kuszewska, 'Kashmiris' Fight for Freedom' by Muhammad Yusuf Saraf, 'Colonizing Kashmir' by Hafsa Kanjwal, :Kashmir Politics and Plebiscite' by Dr. Abdul Jabbar, 'Do You Remember Kunan Poshpora?' by Essar Batool and others, 'Mujahid ki Azaan' edited by Maulana Mohammad Enayatullah Subhani, 'Al-Jihad fil Islam' by Moulana Moududi, 'Independent Kashmir' by Christopher Snedden, 'Resisting Occupation in Kashmir' by Haley Duschinski and others, 'Between Democracy and Nation' by Seema Kazi, 'Contested Lands' by Sumantra Bose, 'In Search of a Future' by David Devadas, :Kashmir in Conflict' by Victoria Schofield, 'The Kashmir Dispute 1947–2012' by A.G. Noorani, 'Kashmir at the Cross Roads' by Sumantra Bose, 'A Dismantled State' by Anuradha Bhasin, 'Resisting Disappearance' by Ather Zia, 'Confronting Terrorism: edited by Stephen P. Cohen and Maroof Raza, :Freedom in Captivity' by Radhika Gupta, 'Kashmir (The Case for Freedom)' by Tariq Ali and others, 'Azadi: by Arundhati Roy, 'USA and Kashmir' by Dr. Shamshad Shan, 'Law & Conflict Resolution in Kashmir' by Piotr Balcerowicz and Agnieszka Kuszewska, 'Tarikh-i-Siyasat Kashmir' by Dr. Afaq, and 'Kashmir & the Future of South Asia: edited by Sugata Bose and Ayesha Jalal.