Srinagar: The High Court of J&K & Ladakh on Monday issued notice to the Union territory government in a string of petitions that challenged its notification banning 25 books discussing Kashmir’s socio-cultural and political themes.
The bench comprising Chief Justice Arun Palli, Justice Rajnesh Oswal and Justice Shahzad Azeem issued notice on the pleas for objections to be filed by the government. The notice was accepted by the state attorney in open court and the matter has been posted for next hearing on December 04, 2025.
The books (mentioned in the petitions) were ordered to be forfeited by virtue of an administrative notification on August 5, 2025 claiming that “they propagated false narratives and secessionism” in Kashmir.
“Systematic dissemination of false narratives and secessionist literature has contributed to youth radicalisation in J&K by glorifying terrorism, vilifying security forces, distorting historical facts, and promoting alienation,” read the notification.
It declares the listed books as forfeited under Section 98 BNSS. They “excite secessionism and endanger the sovereignty and integrity of India, thereby attracting provisions of Sections 152, 196, and 197 of the Bharatiya Nyaya Sanhita, 2023 (BNS)”, it said.
The petitions, filed by public figures, authors and academics including Air Vice Marshal (Retd.) Kapil Kak, academic and authors Dr. Sumantra Bose, Dr Radha Kumar; and former Chief Information Commissioner Wajahat Habibullah, assailed the notification issued by the Home Department of the Government of J&K.
The petitions stated that the official order is arbitrary, sweeping, unreasonable and fail to meet the legal requirements under Section 98 BNSS. They say that the notification does not identify any specific portions of the books to demonstrate how they allegedly propagate secessionist narratives, nor does it provide a reasoned basis for forfeiture.
One of the petitions alleged that the order merely reproduces statutory language without indicating any facts, passages, or representations from the books that purportedly offend the law.
The petition held “the distinction between the opinion of the government and the ‘grounds’ for forming that opinion, noting that the latter must be discernible from the order itself”.
“The conspectus of the 25 books pertains largely to the socio-political life of Kashmir and the myriad political struggles interwoven into the cultural history of the valley. These books, most of which are works of academia, serve as records in the discipline of history,” a petition said.
The ban order, as per the plea, contains mere broad statements, without elaborating on how the contents of the books impact national security or honest narratives. The forfeiture order did not detail how the 25 books were identified as secessionist, the petitioners say.
“The procedural safeguards envisaged by the BNSS in requiring reasons to be incorporated in the order cannot be short-circuited by administrative verbosity masquerading as reasons. The order merely reproduces the opinion of the State government without elucidating the grounds for forming the opinion, as is mandated by law,” stated the petition.
