J&K&L High Court To Constitute Special Bench To Hear Challenge Against Forfeiture Of 25 Books For Allegedly Propagating Secessionism

The Jammu & Kashmir and Ladakh will constitute a Special Bench of three judges to hear a petition challenging a government notification that declared 25 books on Kashmir's political and social history as “forfeited” under Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Chief Justice Arun Palli indicated that orders would be passed shortly for constituting the Special Bench of 3 Judges required to hear such applications under the statute.

Advocate Vrinda Grover, mentioned the matter before the Chief Justice on Tuesday and submitted that the petitioners were approaching under Section 99(1) BNSS seeking to set aside the above Government Notification.

The notification, published in the official Gazette, declared the 25 listed books as forfeited for allegedly “propagating false narratives and secessionism.”

The petition, filed under Section 99 read with Section 528 BNSS by Air Vice Marshal (Retd.) Kapil Kak, author Dr. Sumantra Bose, peace scholar Dr. Radha Kumar, and former Chief Information Commissioner Wajahat Habibullah, assails the August 5, 2025 notification (S.O. 203) issued by the Home Department of the Government of J&K.

Petitioners Submissions

In their petition, the authors and public figures contend that the impugned order is arbitrary, sweeping, and unreasoned, failing to meet the legal requirements under Section 98 BNSS.

They argue 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.

The petition states that the order merely reproduces statutory language without indicating any facts, passages, or representations from the books that purportedly offend the law,” citing the Supreme Court's ruling in Narayan Das Indurakhya v. State of Madhya Pradesh (1972), which held that quoting statutory provisions without disclosing underlying grounds does not satisfy the requirement of a reasoned order.

The petition emphasizes 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. Reliance is placed on precedents such as Harnam Das v. State of Uttar Pradesh, and Arun Ranjan Choudhury v. State of West Bengal, which held that grounds must relate to the “import, effect, or tendency” of the publication as demonstrated by excerpts or content analysis.

Notification Labels Books As Drivers Of Radicalisation

The impugned notification states that “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.

It declares the listed books as “forfeited” under Section 98 BNSS, alleging that 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).

The list of 25 books includes works by scholars and writers such as Sumantra Bose, A.G. Noorani, Arundhati Roy, Seema Kazi, Hafsa Kanjwal, and Victoria Schofield, many of which are published by leading academic presses like Oxford University Press, Stanford University Press, and Routledge.

Case Title: Kapil Kak & Ors v. Government Of J&K, 2025

Petitioners Through: Advocates Vrinda Grover, Adil Pandit, Soutik Banerjee and Devika Tulsiani, Ratna Appnender

Click Here To Read Notification