8 months ago
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The Jammu and Kashmir High Court connected Tuesday (September 30, 2025) agreed to see mounting up a three-judge Bench arsenic per instrumentality to perceive a petition challenging the “sweeping and unreasoned forfeiture” of 25 books for “propagating mendacious communicative and secessionism” successful Jammu and Kashmir. The forfeited books see the works of Constitutional adept A.G. Noorani and writer Arundhati Roy.
The petition was filed by erstwhile Air Vice Marshal Kapil Kak; Dr. Sumantra Bose, whose 2 books person been forfeited; writer Dr. Radha Kumar; and erstwhile Chief Information Commissioner Wajahat Habibullah. They were represented by advocates Vrinda Grover, Adil Pandit, Routine Banerjee and Devika Tulsiani. Ms. Grover mentioned the plea for aboriginal hearing.
Also Read | A.G. Noorani, Arundhati Roy’s books among 25 ‘forfeited’ by J&K Home Department
The petition has challenged the notification issued by the Jammu and Kashmir authorities connected August 5 forfeiting the 25 books arsenic arbitrary. The petition invoked Section 99 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to acceptable speech the bid of forfeiture.
“The conspectus of the 25 books pertains mostly to the socio-political beingness of Kashmir and the myriad governmental struggles interwoven into the taste past of the valley. These books, astir of which are works of academia, service arsenic records successful the subject of history,” the petition said.
Ms. Grover argued that the prohibition bid contained specified wide statements, without elaborating connected however the contents of the books interaction nationalist information oregon honorable narratives. The forfeiture bid did not item however the 25 books were identified arsenic secessionist.
Also Read | Under onslaught successful Kashmir: the carnal book
“It is settled instrumentality that an administrative oregon quasi-judicial bid having civilian consequences indispensable disclose reasons which indispensable signifier portion of the bid itself, reasons cannot beryllium Supplied astatine a aboriginal stage,” the petition submitted.
It argued that the J&K administration’s “failure” to place and incorporated the circumstantial contents of the books, oregon adjacent to notation to them successful passing interim the bid was a “fatal illegality which is not curable astatine this stage”.
Also Read | Have ne'er banned books, ne'er will, says J&K CM Omar Abdullah
“The procedural safeguards envisaged by the BNSS successful requiring reasons to beryllium incorporated successful the bid cannot beryllium short-circuited by administrative verbosity masquerading arsenic reasons… The bid simply reproduces the sentiment of the State authorities without elucidating the grounds for forming the opinion, arsenic is mandated by law,” the petition submitted.
The petition has urged the High Court to uphold the world subject of past and lit arsenic good arsenic to guarantee that the close to cognize of the people, arsenic portion of the state of code and expression, was not trampled upon by administrative overreach.
