J&K High Court to consider setting up Special Bench to hear plea challenging forfeiture order against 25 books

The Jammu and Kashmir High Court on Tuesday (September 30, 2025) agreed to consider setting up a three-judge Bench as per law to hear a petition challenging the “sweeping and unreasoned forfeiture” of 25 books for “propagating false narrative and secessionism” in Jammu and Kashmir. The forfeited books include the works of Constitutional expert A.G. Noorani and author Arundhati Roy.

The petition was filed by former Air Vice Marshal Kapil Kak; Dr. Sumantra Bose, whose two books have been forfeited; author Dr. Radha Kumar; and former Chief Information Commissioner Wajahat Habibullah. They were represented by advocates Vrinda Grover, Adil Pandit, Routine Banerjee and Devika Tulsiani. Ms. Grover mentioned the plea for early hearing.

Also Read | A.G. Noorani, Arundhati Roy’s books among 25 ‘forfeited’ by J&K Home Department

The petition has challenged the notification issued by the Jammu and Kashmir government on August 5 forfeiting the 25 books as arbitrary. The petition invoked Section 99 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to set aside the order of forfeiture.

“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,” the petition said.

Ms. Grover argued that the ban order contained 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.

Also Read | Under attack in Kashmir: the physical book

“It is settled law that an administrative or quasi-judicial order having civil consequences must disclose reasons which must form part of the order itself, reasons cannot be Supplied at a later stage,” the petition submitted.

It argued that the J&K administration’s “failure” to identify and incorporate the specific contents of the books, or even to refer to them in passing interim the order was a “fatal illegality which is not curable at this stage”.

Also Read | Have never banned books, never will, says J&K CM Omar Abdullah

“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,” the petition submitted.

The petition has urged the High Court to uphold the academic discipline of history and literature as well as to ensure that the right to know of the people, as part of the freedom of speech and expression, was not trampled upon by administrative overreach.