New Delhi: On Monday, the Supreme Court requested National Conference MP Mohd. Akbar Lone, one of the primary petitioners contesting the revocation of Article 370, to submit an affidavit affirming his commitment to the Indian Constitution and acknowledging that Jammu and Kashmir is an inseparable part of India. It has been reported that Lone previously uttered slogans in support of Pakistan during an assembly session.
“When he (Lone) invokes the jurisdiction of our court under Article 32 of the Constitution, he necessarily abides by the Constitution”, said the Chief Justice.
A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud and comprising of 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.
At the beginning of the afternoon session, Justice Kaul pointed out to senior advocate Kapil Sibal, representing Lone, that the other side (Centre and others) has raised an issue regarding Lone. The Chief Justice asked Sibal, should the court take that Lone unconditionally accepts the sovereignty of India and believes that J&K is an integral part of India, and the allegiance to the Constitution of India.
Sibal said one cannot be a member of Lok Sabha without abiding by the Constitution of India and there is an oath he has taken. The Chief Justice made it clear that the court will hear Sibal for Lone and there is no difficulty in that, and he has come to the apex court, "we are duty bound to hear his submissions".
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 to 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. “When he (Lone) invokes the jurisdiction of our court under Article 32 of the Constitution, he necessarily abides by the Constitution”, said the Chief Justice.
Solicitor General Tushar Mehta, representing the Centre, said that Lone is Sibal’s client. Sibal said nobody on the petitioners’ side has challenged the sovereignty of India.
Justice Khanna told Sibal, if your client says something outside the court which is not in sync with your submission. Mehta said he has made speeches supporting terrorism and secessionism and let him file an affidavit stating that he does not believe and support any of this. The Attorney General R Venkataramani said that, Lone wants his fundamental rights to be enforced, and then takes a contrary viewpoint.
During the morning session, Solicitor General Tushar Mehta contended before Supreme Court that Mohd Akbar Lone, who allegedly shouted 'Pakistan zindabad' slogan in 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.
Mehta, representing the Centre, said he is the lead petitioner and saying “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. Senior advocate Rakesh Dwivedi said he should not 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."
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.
