Not heard from Centre that petitions should be dismissed on grounds of separatist agenda: SC during Article 370 hearing

The top court said it has not heard either from Attorney General R Venkataramani or Solicitor General Tushar Mehta that these petitions should be dismissed on the grounds that they're separatist agenda. -- Writes Sumit Saxena.

New Delhi:The Supreme Court on Tuesday said access to justice cannot be prevented saying that somebody is following an agenda, while hearing an affidavit highlighting alleged statements by MP Mohd. Akbar Lone, who is also a petitioner challenging the abrogation of Article 370.

Lone had reportedly shouted 'Pakistan Zindabad' slogans on the floor of the Jammu and Kashmir assembly. The top court said it has not heard either from Attorney General R Venkataramani or Solicitor General Tushar Mehta that these petitions should be dismissed on the grounds that they're separatist agenda.

A five-judge bench headed by Chief Justice of India D Y Chandrachud and comprising justices S K Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, was hearing a batch of petitions challenging the abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir. The top court, after hearing submissions for 16 days, reserved its judgment today.

At the beginning of the hearing, a counsel submitted before the bench that he has filed an additional affidavit highlighting Lone’s statements pushing a separatist agenda against India. Solicitor General Tushar Mehta, representing the Centre, urged the court to see three statements made by Lone cited in the affidavit. Citing Lone’s statement from the affidavit, Mehta said India is referred to as if it is a foreign country and stressed that Lone in his affidavit in the apex court must say that he withdraws these statements, and he does not support terrorism and any separatist activity.

Senior advocate Gopal Sankaranarayanan questioned whether filing a petition against abrogation of Article 370 in this court is pushing a separatist agenda. "I have a very strong objection to the government of India taking this stand". He said all of the counsel are pushing a separatist agenda by being here?

The Chief Justice said, “Mr Sankaranarayanan, I think this is unfortunate. Nobody can say that because a petition under Article 32 has been filed...up to this point nobody has said that the filing of the petition constitutes separatist agenda….”

The Chief Justice added, “Access to our court for ventilating grievances of citizens within the framework of the Constitution is a constitutional right in itself. Anyone who accesses justice under Article 32 cannot be turned out on the ground that you're following this agenda or that agenda. On merits, on any individual petition...it is on the court to separate the grain from the shaft...we have not heard the government."

“We will put a lid on this. We have not heard either the Attorney General or Solicitor General…that these petitions should be dismissed on the grounds that they're separatist agenda,” the CJI said. He said the matter has been argued on merits and on constitutional terms and how the court will resolve the issue. The Chief Justice said the judges know how to deal with the scenario where anguished is expressed by intervenors in a matter.

At the end of the hearing, Mehta, referring to Lone’s affidavit in the apex court, contended before the court that the affidavit adds insult to injury already caused to the nation and the court should kindly say something about it. Mehta said, “Your lordships should read what is not written (what Mr. Lone has chosen not to write in the affidavit)…..". The apex court said it will examine it.

In a one-page affidavit, Lone had said that he is a “responsible and dutiful citizen of the Union of India…….That I reiterate the oath taken while being sworn in as Member of Parliament to preserve and uphold the provisions of the Constitution of India and to protect the territorial integrity of the nation”.

On Monday, the Supreme Court had asked National Conference MP Mohd. Akbar Lone to file an affidavit endorsing the allegiance to the Indian Constitution and also that Jammu and Kashmir is an integral part of India.

The Chief Justice said, “All that we want to say here is that everyone we have here, because we have had people from across the political spectrum in J&K, it is welcome. But all of them have come in one spirit, which is that they abide by the integrity of India) …..”.

The Chief Justice said when Lone invokes the jurisdiction of the court under Article 32 then he has to believe in this and he has to furnish an affidavit.

'Roots in Kashmir,' a prominent organization representing Kashmiri pandits, has claimed that Lone is a known supporter of secessionist forces operating in J&K and, in the past, has also shouted pro-Pakistan slogans on the floor of the J&K assembly.