Overview

• A three-judge Full Bench led by Chief Justice Arun Palli, with Justices Rajnesh Oswal and Shahzad Azeem, refused to pause the forfeiture under BNSS Section 98.
• The court issued notices on individual petitions by affected authors and others, but declined to entertain a public interest litigation, remarking that most people would not understand the issue.
• Petitioners argue the notification is sweeping and unreasoned because it fails to identify specific passages or grounds, citing Supreme Court precedents on the need for detailed justification.
• The Home Department defends the action as targeting literature it says spreads false narratives, glorifies terrorism and fosters secessionism, with affected works by authors such as Sumantra Bose, A.G. Noorani and Arundhati Roy, many from major academic presses.
• Following an earlier Supreme Court direction, the Full Bench was constituted on September 30, and the court indicated questions on Section 98’s application would be taken up at the December hearing.