J&K Administration Defends Controversial Ban on 25 Kashmir-Related Books in High Court
The Jammu and Kashmir administration has formally defended its contentious order to ban 25 Kashmir-related books in a detailed reply filed before the high court on Wednesday. This legal response comes in direct opposition to a series of petitions challenging the validity and legality of the ban order.
Government Cites State Security and Public Order as Primary Grounds
Senior Additional Advocate General Mohsin Qadri, representing the administration, explicitly stated to media sources that the decision to impose the ban is being defended on the foundational grounds of state security and the maintenance of public order. The government's position is that these publications pose a tangible threat to the region's stability.
"We have defended the decision to ban the books on grounds of state security and public order," Qadri affirmed. He further noted that the petitioners have now been granted additional time to prepare and file their rejoinder to the administration's comprehensive reply.
Legal Battle Extends to the Bharatiya Nagarik Suraksha Sanhita Provision
The legal confrontation is not limited to the ban itself. The administration is also vigorously defending the specific legal provision invoked to enforce the prohibition—Section 95 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioners have directly challenged the applicability and appropriateness of this legal statute in the current context.
"We are defending both the ban and the legal provision," Qadri emphasized, highlighting the dual-front nature of the administration's legal strategy. The court has indicated that the matter will be scheduled for a full hearing on a date to be determined after the petitioners' legal counsels—including prominent advocates Vrinda Grover, Sanjay Hegde, and Rakesh Shakdher—confirm their availability. These advocates participated in the proceedings via online platforms.
Three-Judge Bench to Hear Petitions Against the Ban
Recognizing the significance and sensitivity of the case, the high court has constituted a three-judge full bench specifically to adjudicate the petitions challenging the book ban. The banned titles include notable works such as Azadi by Booker Prize-winning author Arundhati Roy, bringing significant literary and intellectual weight to the controversy.
It is important to note the administrative delineation in this case. The Union Territory administration, operating under the authority of Lieutenant Governor Manoj Sinha, is the sole entity defending the ban order in court. The elected government led by former Chief Minister Omar Abdullah is not a party to these legal proceedings, as it was not responsible for issuing the original ban directive.
Background: The Ban Order and Its Rationale
The controversial order was issued by the J&K Home Department on August 5, 2023—coinciding with the sixth anniversary of the abrogation of Article 370. The department, functioning directly under Lieutenant Governor Manoj Sinha, prohibited the publication, sale, and circulation of 25 specific books concerning Kashmir.
The government order provided a detailed rationale, asserting it possesses "credible intelligence" indicating that the systematic dissemination of what it terms "false narratives" and "secessionist literature" has been a significant driver behind youth participation in violence and terrorism. The administration claims such materials are often disguised as historical or political commentary and play a critical role in misguiding the youth, glorifying terrorism, and inciting violence against the Indian State.
The banned bibliography encompasses a wide range of perspectives on Kashmir. Notable titles include:
- Kashmir: The Case for Freedom by Tariq Ali and Pankaj Mishra
- Confronting Terrorism, edited by Maroof Raza with contributions from Stephen P. Cohen
- Independent Kashmir by Christopher Snedden
- Between Democracy and Nation by Seema Kazi
- Contested Lands by Sumantra Bose
- In Search of a Future by journalist David Devdas
- A Dismantled State: The Untold Story of Kashmir After Article 370 by Anuradha Bhasin
- Colonizing Kashmir by Hafsa Kanjwal
In the immediate aftermath of the ban order, law enforcement agencies conducted raids on bookshops across the Kashmir Valley, resulting in the seizure of numerous copies of the proscribed publications. This action underscored the administration's intent to enforce the directive rigorously, setting the stage for the current high-stakes legal battle that pits state security concerns against fundamental questions of free expression and access to information.
