NEW DELHI: The Supreme Court on Monday said that National Conference leader Mohammad Akbar Lone, who had chanted pro-Pakistan slogan in the Jammu & Kashmir assembly in 2018, should file an affidavit within a day stating that he will “abide by the Constitution of India, accept the sovereignty of India and undertake that J&K is an integral part of India.”
The direction came after the Centre pleaded with the apex court to demand an affidavit from Lone, who triggered a major controversy after shouting “Pakistan zindabad” slogan in the legislative assembly in support of secessionist forces.
Notably, Lone is the lead petitioner challenging skeletonizing of Article 370, to completely integrate Jammu and Kashmir with India and bring it on a par with other states.Earlier, solicitor general Tushar Mehta on Monday said Lone owed an apology to the apex court and must file an affidavit stating his “unwavering allegiance to the Indian Constitution”. “He must condemn Pakistan-sponsored secessionist and terrorist activities in Jammu and Kashmir. He is a member of Parliament and must act responsibly,” SG Mehta said in the court.
Following this, the Supreme Court told Lone’s counsel Kapil Sibal “to impress upon his client” to file a one-page affidavit within a day, swearing allegiance to the Constitution of India and accepting the country’s sovereignty.
The top court also said, “If he comes to the Supreme Court invoking Article 32, he must accept sovereignty of India, its Constitution as also the fact that J&K is integral part of India.”
‘Would not appear for Lone had I known he raised slogan’
Meanwhile, Sibal said that had he known about the incident, he would not have appeared for Lone in the first place.
Sibal noted that Lone, as an MP, has taken oath owing allegiance to Constitution and accepted Jammu and Kashmir as integral part of India.
Sibal said he would ask Lone to file the affidavit and that if his client fails to do so, he will not appear for him.
Arguing for Lone, Sibal had on August 3 told an SC bench led by CJI DY Chandrachud that any alteration to Article 370 could have been done only by the Jammu and Kashmir Constituent Assembly.
Once the Constituent Assembly lapsed in 1957 without providing for any mechanism in the J&K constitution to amend, alter or abrogate Article 370, it assumed a permanent character which the Centre was aware of till August 5, 2019, when it was abrogated “through an amazing piece of handiwork containing a mosaic of illegalities that deserve to be junked by the SC”, he had said.
Slogan raised by Lone: NGO told court
A Kashmiri organisation had informed the Supreme Court that Lone had shouted the ‘Pakistan zindabad’ slogan in the J&K assembly in 2018.
NGO ‘Roots in Kashmir’, through managing trustee Amit Raina, had filed an affidavit in the top court alleging Lone, who was a member of Jammu and Kashmir assembly from 2002 to 2018, had shouted ‘Pakistan zindabad’ on the floor of the House and had refused to apologise for an act that hit at the root of the fact that J&K was an integral part of India.
The direction came after the Centre pleaded with the apex court to demand an affidavit from Lone, who triggered a major controversy after shouting “Pakistan zindabad” slogan in the legislative assembly in support of secessionist forces.
Notably, Lone is the lead petitioner challenging skeletonizing of Article 370, to completely integrate Jammu and Kashmir with India and bring it on a par with other states.Earlier, solicitor general Tushar Mehta on Monday said Lone owed an apology to the apex court and must file an affidavit stating his “unwavering allegiance to the Indian Constitution”. “He must condemn Pakistan-sponsored secessionist and terrorist activities in Jammu and Kashmir. He is a member of Parliament and must act responsibly,” SG Mehta said in the court.
Following this, the Supreme Court told Lone’s counsel Kapil Sibal “to impress upon his client” to file a one-page affidavit within a day, swearing allegiance to the Constitution of India and accepting the country’s sovereignty.
The top court also said, “If he comes to the Supreme Court invoking Article 32, he must accept sovereignty of India, its Constitution as also the fact that J&K is integral part of India.”
‘Would not appear for Lone had I known he raised slogan’
Meanwhile, Sibal said that had he known about the incident, he would not have appeared for Lone in the first place.
Sibal noted that Lone, as an MP, has taken oath owing allegiance to Constitution and accepted Jammu and Kashmir as integral part of India.
Sibal said he would ask Lone to file the affidavit and that if his client fails to do so, he will not appear for him.
Arguing for Lone, Sibal had on August 3 told an SC bench led by CJI DY Chandrachud that any alteration to Article 370 could have been done only by the Jammu and Kashmir Constituent Assembly.
Once the Constituent Assembly lapsed in 1957 without providing for any mechanism in the J&K constitution to amend, alter or abrogate Article 370, it assumed a permanent character which the Centre was aware of till August 5, 2019, when it was abrogated “through an amazing piece of handiwork containing a mosaic of illegalities that deserve to be junked by the SC”, he had said.
Slogan raised by Lone: NGO told court
A Kashmiri organisation had informed the Supreme Court that Lone had shouted the ‘Pakistan zindabad’ slogan in the J&K assembly in 2018.
NGO ‘Roots in Kashmir’, through managing trustee Amit Raina, had filed an affidavit in the top court alleging Lone, who was a member of Jammu and Kashmir assembly from 2002 to 2018, had shouted ‘Pakistan zindabad’ on the floor of the House and had refused to apologise for an act that hit at the root of the fact that J&K was an integral part of India.