New Delhi: Solicitor General Tushar Mehta contended before the Supreme Court Monday that Mohd Akbar Lone, who allegedly shouted 'Pakistan zindabad' slogan in the Jammu and Kashmir assembly and now he is the lead petitioner challenging the abrogation of Article 370, should submit an affidavit owing allegiance to Indian Constitution. The top court said it will seek a response from the petitioner on these allegations.
A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud and comprising justices S K Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, is hearing a batch of pleas challenging the abrogation of Article 370, which bestowed special status on the erstwhile state of Jammu and Kashmir. A counsel submitted before the bench that petitioner Akbar Lone had shockingly said Pakistan Zindabad in assembly and informed the court that he had submitted a three-page note in the matter.
Mehta, representing the Centre, said he is the lead petitioner and said “Pakistan Zindabad” on the floor of the House “has its own seriousness” and the court must see who is contesting the claim of continuing Article 370. The Chief Justice told the counsel that the court would hear him on this for two minutes and then he could raise the point.
Senior advocate Rakesh Dwivedi said he should apologize. Mehta said, “he should file an affidavit saying that I owe allegiance to the Constitution of India……he must say that I strongly oppose terrorism and secessionism in Jammu and Kashmir”. A counsel said Lone had shown no remorse. Mehta said “Lone must say I oppose terrorism by Pakistan in Jammu and Kashmir and elsewhere. It must come on record….he is the lead petitioner….he is not an ordinary man, he is an MP”
Senior advocate V Giri, representing a petitioner, contended that somebody before the highest court of the land challenges presidential orders and he does not apologise for his statement and his submissions should be taken only if he apologises. The Chief Justice said the court will put to the counsel when the rejoinder is called out.
Mehta said despite it being brought to the notice of the court if he does nothing then it may encourage others and added that “efforts of the nation to bring normalcy might be affected and coming from responsible leaders, it has its own context and seriousness”. Kashmiri pandits on Sunday filed an affidavit in the proceedings before the Supreme Court questioning the credentials of one of the key petitioners National Conference MP Mohammad Akbar Lone.
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. In the affidavit, the organization has sought permission to file additional documents before the constitution bench.
