The Supreme Court on Friday requested a three-judge bench of Jammu and Kashmir High Court to examine the controversy surrounding the Union Territory’s notification banning 25 books on the ground that they encourage secessionism and endanger India’s sovereignty.
A bench of Justices Surya Kant, Joymalya Bagchi and Vipul M. Pancholi passed the order while disposing of a petition filed by Shakir Shabir challenging the Union Territory’s decision to ban the books, which include those written by constitutional expert A.G. Noorani and activist-author Arundhati Roy.
The Jammu and Kashmir Police banned the books under Section 98 of the BNSS, which empowers them and the other authorities concerned the “power to declare certain publications forfeited and to issue search warrants for the same”.
The Supreme Court order said: “We have heard learned senior counsel for the petitioner. Having regard to the issues sought to be raised in the instant writ petition, we are satisfied that the petitioner can seek redressal thereof effectively by way of writ petition under Article 226 of the Constitution before the high court of the Union Territory of Jammu and Kashmir and Ladakh. Consequently, we dispose of this petition with liberty to the petitioner to raise all the contentions before the high court.”