New Delhi: The Supreme Court on Friday declined to entertain a Public Interest Litigation (PIL) filed against the Jammu and Kashmir government’s recent order banning 25 books for allegedly promoting secessionist content and threatening the country’s sovereignty.
The Apex Court, however, allowed the petitioner, Advocate Shakir Shabir, to approach the Jammu & Kashmir and Ladakh High Court for relief.
A bench of Justices Surya Kant, Joymalya Bagchi, and Vipul M. Pancholi directed the High Court to constitute a three-judge bench, headed by the Chief Justice, and to consider the matter without delay.
The petitioner also challenged Section 98 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which authorizes state governments to declare certain publications as forfeited and permits search operations for such materials.
According to the petition, the provision violates fundamental rights under Articles 14, 19(1)(a), 19(2), and 21 of the Constitution. Senior Advocate Sanjay Hegde, representing the petitioner, argued that the provision enables state officials to enforce wide bans that could apply nationwide, which raises constitutional concerns.
The bench declined to consider transferring the case to another High Court, stating that doing so may have an adverse impact on the authority of the Jammu & Kashmir High Court. It noted that since many of the banned books are authored by individuals from or related to the region, the local High Court is in a better position to examine the matter.
“Considering the nature of the issues raised, the petitioner is at liberty to seek appropriate relief before the jurisdictional High Court under Article 226,” the Court said, adding that no view has been taken on the merits of the petition.
The J&K Home Department’s notification, dated August 5, invoked Section 98 of BNSS to forfeit 25 books.
These included works by authors such as A.G. Noorani, Arundhati Roy, Anuradha Bhasin, Sumantra Bose, and others. The order cited that the contents of these books could incite secessionism, promote narratives that threaten India’s integrity, and influence youth through depictions of victimhood and glorification of terrorism.
The notification said that these publications contribute to radicalisation by distorting facts, criticising security forces, and promoting separatist narratives. It authorised law enforcement to seize the listed materials across India
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