J&K High Court quashes scholar’s PSA detention over possession of banned books

The Jammu and Kashmir High Court has quashed the preventive detention of Kashmiri research scholar Shafat Maqbool Wani under the Public Safety Act, holding that possession of books with “dispiriting titles” does not, by itself, make a person a criminal.

Justice Moksha Khajuria Kazmi, hearing the matter on September 3, directed the authorities to release Wani immediately. The petition was filed by his uncle challenging the detention order issued by the Kupwara district magistrate on September 13, 2025.

Wani, a resident of Kupwara, had been detained under the PSA on several grounds, including his father’s former militant links, his participation in international academic conferences, possession of books related to Kashmir and Hindutva, and his alleged involvement in a case registered under the Unlawful Activities (Prevention) Act.

The police claimed that two books Construction of an Islamic Order in Hindutva Reimagination and The Saffronisation of Occupied Kashmir: Demystifying Hindutva Settlers, Colonial Designers were recovered from Wani’s residence. They alleged that the literature promoted separatist ideology.

However, the High Court said the authorities had failed to identify any specific subversive activity by Wani that warranted preventive detention.

“It also needs to be emphasised here that the respondents have not shown any subversive activity against the name of petitioner, which compelled them to take recourse to preventive detention,” the court said.

The court noted that Wani had already been granted bail after the investigating agency’s request to extend his remand beyond 155 days was rejected by the Special Judge of the National Investigation Agency court in Jammu.

It also observed that, as a scholar, Wani could reasonably be expected to possess a range of literary material. The court said the authorities had seemingly treated the books as evidence against him, even though there was no allegation that he had authored them.

“A mere possession of the books with dispiriting titles does not ipso facto make the petitioner/detenue a criminal against whom the preventive detention was required to be invoked,” the court observed.

The judges further held that the detaining authority had failed to properly apply its mind to the circumstances of the case. The court said the authority had not established a “live and proximate link” between Wani’s past conduct and the alleged need for his preventive detention.

While referring to the Supreme Court’s ruling in Ameena Begum vs State of Telangana, the High Court reiterated that preventive detention requires careful consideration of relevant facts and cannot be based on vague or general allegations.

The detention order had also cited Wani’s family background, noting that his father had been associated with the militant outfit Al-Barq before surrendering in 1990. His attendance at international academic conferences and possession of books on Hindutva and Kashmir were also included among the grounds for detention.

The case comes a year after the J&K administration banned the publication and circulation of 25 books on Kashmir, alleging that they promoted a “false narrative” and “secessionism” in the region. The ban has prompted concerns among intellectuals and academics over the shrinking space for research and expression in Kashmir.