Excelsior Correspondent
SRINAGAR, Oct 13: The High Court today issued notice to the Government over forfeiting 25 books written by various authors and sought reply by the next date of hearing.
The full bench comprising Chief Justice Arun Palli, Justice Rajnesh Oswal and Justice Shahzad Azeem today issued notice and sought repose from the authorities to the various pleas filed by various individuals challenging the order of forfeiting of 25 books.
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The notice, however, has been waived by the Government counsels appearing for the concerned departments and sought time to file the objections in opposition to all these pleas. The Court, however, has not admitted the plea filed by Mohammad Yousuf Tarigami (MLA Kulgam) and asked his counsel to argue the matter on maintainability on next date of hearing.
It is submitted that the forfeiture of these books is arbitrary and unconstitutional by the Government under Section 98 of BNSS on the ground of secessionist content in these books. The notification of ban on these books as submitted by the petitioners neither specifies the alleged objectionable passages nor demonstrates how the content attracts provisions of the BNSS.
It is noted that the notification mentions that the literature propagates false narrative and ‘secessionism’ in the J&K UT and the available evidence based on the investigations and credible intelligence indicates such literature drives the youth towards participation in violence and terrorism.
“The principles of natural justice are further breached, as no expert body or committee was constituted to review the content prior to the ban. Moreover, the notification fails to demonstrate a direct nexus with public order, making the action disproportionate and arbitrary”, read one of the pleas.
The notification under challenge was issued by the Government on August 5, 2025 banning and forfeiting the 25 books in the J&K UT. The books as per one of the petitions banned as per the notification are published by reputed publishers and their authors are recognized for their work globally.
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