RAAG seeks Section 98 Notification for Forfeiture of Controversial Books in J&K, writes to LG

JAMMU: Research and Advocacy Group (RAAG), a registered trust working in the field of legal research, public policy, constitutional advocacy and issues concerning national security and integrity, has approached the Hon’ble Lieutenant Governor of Jammu and Kashmir seeking urgent action in the ongoing controversial books row.

RAAG, through its Managing Trustee Advocate Deepak Sharma, has submitted a formal representation to the Lieutenant Governor requesting issuance of an Official Gazette Notification under Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for forfeiture and seizure of two controversial publications allegedly containing anti-national and separatist content.

The books named in the representation are “Personalities and Legends of J&K (Series 4)”, authored by Hilal Ahmed and Santosh Meena and published by Oberoi Book Service, Jammu, and “Great Personalities of Jammu and Kashmir”, authored by Dr. Sushant Giri and published by Anurag Prakashan, Delhi.

According to RAAG, the matter cannot be treated as a mere academic error or routine lapse in book selection. The organisation has alleged that the publications, reportedly procured under the Samagra Shiksha framework, contain material which challenges the sovereignty and territorial integrity of India by using expressions such as “Indian occupied Kashmir” and by projecting separatist and terror-linked figures in a glorified manner.

RAAG has further claimed that the books allegedly portray JKLF co-founder Maqbool Bhat as a “martyr” and “father of the nation”, thereby attempting to legitimise separatist narratives before young and impressionable students.

While appreciating the administrative action already taken by the Government, including suspension of officials and registration of FIR by the Counter-Intelligence wing under the UAPA and BNS, RAAG has maintained that such action is not sufficient to completely eliminate the circulation of the objectionable material.

The representation states that mere registration of an FIR does not automatically outlaw the physical existence, private sale or circulation of a book. RAAG has therefore demanded that the competent authority must invoke Section 98 BNSS, which empowers the Government to declare every copy of an objectionable publication forfeited and authorises seizure of such material wherever found in India.

Advocate Deepak Sharma said that a formal notification under Section 98 BNSS is necessary to ensure that the books are not shifted to private distributors, open markets, private libraries or educational centres outside Jammu and Kashmir.

RAAG has also requested the Lieutenant Governor to direct search and seizure action at the premises of publishers, printing presses and distributors in J&K, Delhi and elsewhere, so that all physical copies, digital copies, manuscripts, proofs and related material are secured.

The organisation has also sought constitution of a High-Level Expert Screening and Evaluation Committee comprising eminent academicians, legal experts and senior administrators to audit textbooks, library books, supplementary reading material and other literature accessible to students across Government, Government-aided, private, community-managed and non-formal educational institutions in the Union Territory.

RAAG has further called for a strict centralised pre-screening legal policy for all future procurement of books and educational material to prevent recurrence of such incidents.

The representation has placed reliance on constitutional values, Article 51A Fundamental Duties, national integrity and the National Education Policy, 2020, stating that educational material made available to students must promote constitutional morality, national integration, scientific temper and respect for the sovereignty, unity and integrity of India.