Supreme Court Declines to Hear Plea Against J&K Ban on 25 Books, Directs Petitioner to High Court
New Delhi: The Supreme Court on Friday refused to entertain a public interest litigation challenging the Jammu and Kashmir government’s notification declaring 25 books “forfeited” for allegedly promoting secessionism and threatening India’s sovereignty. The Court, however, allowed the petitioner to approach the Jammu & Kashmir and Ladakh High Court for relief and requested the Chief Justice of that court to constitute a three-judge bench to hear the matter expeditiously.
The petition, filed by Kashmir-based advocate Shakir Shabir, also questioned the constitutional validity of Section 98 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which empowers state governments to forfeit publications deemed unlawful. The provision, it was argued, violates Articles 14, 19(1)(a), 19(2), and 21 of the Constitution.
A bench of Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi passed the order after hearing senior advocate Sanjay Hegde, who argued that Section 98 has a nationwide sweep, enabling even a small state authority to ban books across the country.
The bench, while cautioning against the growing trend of bypassing High Courts, noted that the J&K High Court was better suited to examine the issue, as many of the proscribed books concern the local context. A plea to transfer the matter to another High Court was rejected, with the bench observing such a step would be “demoralizing.”
“Having regard to the issues raised, we are satisfied that the petitioner can seek redressal effectively before the High Court under Article 226. We request the Chief Justice to list the matter before a three-judge bench and endeavour to decide it at the earliest. No opinion is expressed on merits,” Justice Kant dictated.
Background of the Notification
On August 5, the J&K Home Department issued a notification banning 25 books, including works by noted authors such as A.G. Noorani, Arundhati Roy, Anuradha Bhasin, and Sumantra Bose. The order, issued under Section 98 BNSS, claimed the books could incite secessionism, glorify terrorism, distort history, vilify security forces, and radicalize youth by promoting grievance and victimhood narratives.
The notification linked these works to the spread of “false narratives and secessionist literature” under the guise of political or historical commentary, and directed that their publications and copies be forfeited to the government.
Section 98 BNSS
Section 98 authorizes state governments to declare any newspaper, book, or document as forfeited if it contains material punishable under specified sections of the Bharatiya Nyaya Sanhita, 2023. Once notified, police can seize such material anywhere in India, and magistrates may issue search warrants for the same.
Among the proscribed books are:
Contested Lands and Kashmir at the Crossroads by Sumantra Bose
The Kashmir Dispute 1947–2012 by A.G. Noorani
A Dismantled State by Anuradha Bhasin
Azadi by Arundhati Roy
Kashmir and the Future of South Asia, edited by Sugata Bose and Ayesha Jalal
