NEW DELHI, Aug 29: The Supreme Court on Friday directed the Jammu and Kashmir High Court to expeditiously decide a plea challenging a provision, which empowers the authorities to seize publications on the ground of “endangering public order and national security”.
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A bench of Justices Surya Kant, Joymalya Bagchi and Vipul M Pancholi disposed of the plea which also challenged the August 5 decision of the Jammu and Kashmir Government to ban 25 books for “promoting false narratives and glorifying terrorism”.
“We are satisfied that the petitioner can seek redressal thereof effectively by way of writ petition under Article 226 of the Constitution of India before the High Court of Union Territory of Jammu and Kashmir and Ladakh,” the bench said.
The top court added, “We request the Chief Justice of the High Court to constitute a three Judge bench presided over by his lordship and make an endeavour to decide the issues at the earliest.”
Senior advocate Sanjay Hegde, appearing for petitioner Shakir Shabir, said there were certain cases from the Punjab & Haryana High Court and other States but on individual books.
Justice Kant recounted once a self-styled godman started writing books “left and right” about every religion and created problems for courts.
Hegde referred to Section 98 of the BNSS and said the provision operates all India which was the problem.
“Under the provision, an official of a small State can declare a book to be obscene and then the books can be forfeited from all over the country. This is overboard,” he submitted.
The bench said the court had seen the list of 25 books and it would like to have the benefit of the High Court’s view in the matter.
The plea filed through advocate Ibad Mustaq challenged the vires of Section 98 of the BNSS and the August 5 notification issued by the Government of Jammu and Kashmir, declaring-en masse publication of 25 notable books and their copies or other documents to be forfeited to the government.
“The present challenge is premised on the fundamental right to freedom of expression under Article 19; the right to equality under Article 14; and the right to life with dignity as well as the right to privacy under Article 21, being violated by the government’s en masse measure to order forfeiture of notable works most of which have been in publication and circulation for decades and are published by reputable publishers – by terming them as ‘false narratives and secessionist literature… often disguised as historical or political commentary’,” the plea said. (PTI)
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