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2mo ago

J&K and Ladakh High Court to Set Up Three-Judge Bench to Hear Challenge to Forfeiture of 25 Books

The case tests whether the administration’s forfeiture met BNSS requirements for a reasoned order.

Some of the titles included in the Jammu and Kashmir book ban | Illustration: Manali Ghosh | ThePrint
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Overview

  • Chief Justice Arun Palli said orders will be issued shortly to constitute the Special Bench required to hear the petition.
  • The application is filed under Section 99 of the BNSS, which mandates that challenges to forfeiture be heard by a bench of three or more judges.
  • Petitioners Kapil Kak, Sumantra Bose, Radha Kumar and Wajahat Habibullah seek to set aside the August 5 notification issued under Section 98 BNSS.
  • They argue the order is sweeping and unreasoned, does not identify specific passages, and infringes free expression and the public’s right to know, citing Supreme Court precedents on reasoned orders and proportionality.
  • The August 5 notification forfeited 25 titles for allegedly propagating false narratives and secessionism, including works by A. G. Noorani, Arundhati Roy and Sumantra Bose, after the Supreme Court directed challengers on August 29 to approach the High Court.