The Supreme Court on Monday asked National Conference leader Mohammad Akbar Lone to file an affidavit accepting India’s sovereignty and owing allegiance to the Constitution of India. The directions came while the top court was hearing a batch of petitions challenging the abrogation of Article 370 from Jammu and Kashmir.
A five-judge bench of the top court led by CJI DY Chandrachud, which was hearing the matter, was apprised of Lone’s alleged “Pakistan Zindabad” slogans raised in the Jammu and Kashmir Assembly in 2018 by an advocate appearing for NGO ‘Roots of Kashmir’ through an affidavit.
“…When he invokes the jurisdiction of our court under Article 32 of the Constitution, he necessarily abides by the Constitution…we want to have it from him that he unconditionally accepts that J&K is an integral part of India and that he abides by and owes allegiance to Constitution of India,” CJI Chandrachud said.
“When you argue, you accept the sovereignty of people of India. You accept that J&K is an integral part. When your client says something outside this court, probably then he is also accepting there was an issue to be dealt with,” Justice Sanjiv Khanna added.
Solicitor General Tushar Mehta, appearing for the Centre, argued that Lone’s “Pakistan Zindabad” comment on the floor of the House has its “own repercussions”.
Mehta said that the court should consider it in that context when determining who requests that Article 370 remain in effect. He further added, “He should file an affidavit that I (Lone) owe allegiance to the Constitution of India because I (Lone) am before the highest court of the country”.
Mehta further argued that Akbar Lone is not an ordinary man but a Member of Parliament and that it is not enough that he expresses remorse.
“He must say I oppose and object to terrorism and any secessionist activity by Pakistan in Jammu and Kashmir or elsewhere. It must come on record,” he added.