New Delhi: The Supreme Court on Friday directed the Jammu and Kashmir High Court to expeditiously decide a plea challenging a provision, which empowers the authorities to seize publications on the ground of “endangering public order and national security”.
A bench of Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi disposed of the plea which also challenged the August 5 decision of the Jammu and Kashmir government to ban 25 books for “promoting false narratives and glorifying terrorism”.
“We are satisfied that the petitioner can seek redressal thereof effectively by way of writ petition under Article 226 of the Constitution of India before the high court of Union Territory of Jammu and Kashmir and Ladakh,” the bench said.
The top court added, “We request the Chief Justice of the High Court to constitute a three judge bench presided over by his lordship and make an endeavour to decide the issues at the earliest.”
Senior advocate Sanjay Hegde, appearing for petitioner Shakir Shabir, said there were certain cases from the Punjab & Haryana High Court and other states but on individual books.
Justice Kant recounted once a self-styled godman started writing books “left and right” about every religion and created problems for courts.
Hegde referred to Section 98 of the BNSS and said the provision operates all India which was the problem.
“Under the provision, an official of a small state can declare a book to be obscene and then the books can be forfeited from all over the country. This is overboard,” he submitted.
The bench said the court had seen the list of 25 books and it would like to have the benefit of the high court’s view in the matter.
The plea filed through advocate Ibad Mustaq challenged the vires of Section 98 of the BNSS and the August 5 notification issued by the Government of Jammu and Kashmir, declaring-en masse publication of 25 notable books and their copies or other documents to be forfeited to the government.
“The present challenge is premised on the fundamental right to freedom of expression under Article 19; the right to equality under Article 14; and the right to life with dignity as well as the right to privacy under Article 21, being violated by the government’s en masse measure to order forfeiture of notable works most of which have been in publication and circulation for decades and are published by reputable publishers – by terming them as ‘false narratives and secessionist literature… often disguised as historical or political commentary’,” the plea said.
The plea went on, “This vagueness, it is highlighted, allows for arbitrary and subjective application, as demonstrated in the impugned notification dated August 5, 2025 where diverse works — including academic research, historical accounts, and feminist narratives — have been lumped together under the sweeping label of “secessionist literature'” without any pinpointed reference to offending matter.”
The August 5 ban on books includes those written by famous authors like Moulana Moudadi, Arundhati Roy, A G Noorani, Victoria Schofield and David Devadas.
The move to ban the books drew flak from their authors and a section of political leaders who claimed it was an attempt “to warn Kashmiris against free speech” and asserted democracy thrives on the free exchange of ideas.
The order of the J&K government said available evidence based on investigations and “credible intelligence unflinchingly” indicated a significant driver behind youth participation in violence and terrorism was the “systematic dissemination of false narratives and secessionist literature” by its persistent internal circulation, often disguised as historical or political commentary.
It plays a critical role in misguiding the youth, glorifying terrorism and inciting violence against India, the order added.
The books include ‘Al Jihad fil Islam’ by Islamic scholar and founder of Jamaat-e-Islami, Moulana Moudadi, ‘Independent Kashmir’ by Australian author Christopher Snedden, ‘In Search of a Future (The Story of Kasimir)’ by David Devadas, ‘Kashmir in Conflict (India, Pakistan and the unending War)’ by Victoria Schofield, ‘The Kashmir Dispute (1947-2012)’ by A G Noorani, and ‘Azadi’ by Arundhati Roy.
