The Jammu and Kashmir and Ladakh High Court’s three-judge Full Bench on Monday heard a batch of petitions challenging the government’s decision to forfeit 25 books for allegedly promoting “false narratives and secessionism.” The court has fixed December 4 as the date for the final hearing.
The special bench, comprising Chief Justice, Justice Rajnesh Oswal, and Justice Shahzad Azeem, convened at the Srinagar wing of the High Court to consider the pleas filed by journalist David Devadas, CPI(M) leader Mohammad Yousuf Tarigami, retired Air Vice Marshal Kapil Kak, and others, including advocate Shakir Shabir and Swastik Singh.
The petitions challenge the Home Department’s August 5 order issued under Section 95 of the CrPC, which banned the publication and circulation of 25 books, including works by Arundhati Roy, A.G. Noorani, Sumantra Bose, Anuradha Bhasin, and others, on grounds of “propagating secessionism.”
Advocate Vrinda Grover said, “The special bench constituted by the Hon’ble Supreme Court immediately issued notice today, which is the first step in commencing the case. The court has now fixed the matter for final hearing and arguments on December 4. We are very grateful to the court, and I think it has taken up the matter with the significance and urgency it deserves. The court has shown its intent to hear and decide the matter finally.”
The petitions have been filed by individuals, including journalist David Devadas, CPI(M) leader Mohammad Yousuf Tarigami, retired Air Vice Marshal Kapil Kak, advocate Shakir Shabir, and researcher Swastik Singh, all challenging the government’s decision to ban 25 books on Kashmir.
In these cases, Advocate Mehraj-ud-Din Bhat appeared for David Devadas, Advocates Syed Nazarat Fatima Sheikh and Mohammad Faisal represented Mohammad Yousuf Tarigami, while Advocates Vrinda Grover, Adil Pandit, Soutik Banerjee, and Devika Tulsiani appeared for Kapil Kak and others. Advocates Rajiv Shakdher, Shuja ul Haq, and Adeel Ahmed represented petitioner Swastik Singh, and Advocate Shakir Shabir represented himself in person.
Earlier, the Supreme Court had directed the petitioners to approach the J&K and Ladakh High Court, following which the Full Bench was constituted on September 30.
Pertinently, on August 5, Jammu & Kashmir Home Department banned the publication of 25 books on Kashmir, including by authors such as Arundhati Roy and A G Noorani, saying they propagate “secessionism”.
The other books include political commentaries and historical accounts such as The Kashmir Dispute 1947-2012 by noted constitutional expert Noorani, Kashmir at the Crossroads and Contested Lands by Sumantra Bose, In Search of a Future: The Kashmir Story by David Devadas, Roy’s Azadi and A Dismantled State: The Untold Story of Kashmir After Article 370 by journalist Anuradha Bhasin