J&K, Ladakh HC agrees to consider listing plea against forfeiture of books

The High Court of Jammu and Kashmir and Ladakh has agreed to consider setting up a bench to hear a plea challenging the government’s order to forfeit 25 books for allegedly propagating “false narrative and secessionism” in the region.

The plea, filed by former Air Vice Marshal Kapil Kak, author Sumantra Bose, Radha Kumar and former Central Information Commissioner Wajahat Habibullah, has sought quashing of the notification issued by the Jammu and Kashmir government on August 5. The petitioners have also prayed for the return of all confiscated copies of the books.

The petition was mentioned by advocate Vrinda Grover before a bench headed by Chief Justice of the Jammu and Kashmir and Ladakh High Court Justice Arun Palli for urgent hearing on Tuesday.

The Chief Justice said he will look at the papers and then pass orders for the constitution of a special bench of three judges to hear the plea at the earliest. The petition has invoked Section 99 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and seeks to quash and set aside the notification which ordered the forfeiture of the publications.

The order alleged that the works “propagate false narrative and secessionism in Jammu and Kashmir” and were prejudicial to the security and integrity of India.

According to the petitioners, the books in question largely concern the socio-political life, cultural history, and political struggles of Kashmir, with many of them being academic works considered part of the historical record.