Supreme Court declines to consider plea against order to ban 25 books in Jammu & Kashmir

New Delhi: The Supreme Court on Friday declined to consider a PIL challenging a decision by the Jammu and Kashmir government, banning 25 books for allegedly propagating false narratives, promoting secessionism and glorifying terrorism.

A notification issued by Principal Secretary Home, Chandraker Bharti on August 5, 2025 declared the books as forfeited to the government, invoking Sections 152, 196, and 197 of the Bharatiya Nyaya Sanhita, 2023.

Dealing with a PIL by advocate Shakir Shabir, a bench of Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi asked the petitioner to move the Jammu and Kashmir and Ladakh High Court for the purpose.

"The High Court is a constitutional court, let it decide. Recently, there have been attempts to bypass High Courts. Let's have advantage of the HC's opinion. We have seen list of the books, some local people are talking about issues, the High Court would be in better position to decide," the bench said.

The court asked the Chief Justice of the High Court to list the matter before a three -judge bench, presided over by the CJ, and decide it at the earliest.

Senior advocate Sanjay Hegde, appearing for the petitioner, contended Section 98 of the Bharatiya Nagarik Suraksha Sanhita allowed even an official of a small state to decide one series of books as forfeited all over the country.

He said there have been cases from the Punjab and Haryana and other High Court but those were on individual books.

The petitioner challenged Section 98 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which deals with the power of a state government to declare certain publications forfeited and to issue search warrants on the ground that those were ultra vires Articles 14, 19(1)(a), 19(2) and 21 of the Constitution.

The bench, however, said the High Court would be in a better position to decide the issues, as some of the books forfeited were by locals of the area. The court also rejected a plea for transferring the matter to another High Court, saying it would have "demoralising" effect.

The list of banned books included by author Arundhati Roy, Pakistani historian Schofield and legal expert A G Noorani.