Pro-Pak slogan row: NC leader Mohd Akbar Lone files affidavit in SC

Following the Supreme Court order directing NCP Leader Mohammad Akbar Lone, the lead petitioner in the Article 370 matter to file an affidavit affirming that he owes his allegiance to the Constitution of India, Lone submitted the same on Tuesday.

National Conference leader Mohd Akbar Lone, the lead petitioner in Article 370 matter, on Tuesday filed an affidavit in the Supreme Court, reiterating the oath taken as Member of Parliament to preserve and uphold the provisions of the Constitution of India and to protect the territorial integrity of the nation.

Following the direction by the top court's bench led by Chief Justice of India D Y Chandrachud, he filed the written statement, even as Solicitor General Tushar Mehta contended that the affidavit adds insult to injury already caused to the nation and the court should say something about it. 

The bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, said it would examine it.

Earlier on the day, the court said access to justice cannot be denied that somebody is following an agenda.

The bench said it has not heard from the Centre that a plea challenging dilution of Article 370 of the Constitution should be dismissed as it was pursuing separatist agenda.

Mehta as well as an intervenor raised further statements made by Lone.

Mehta asked the court to see three statements made by Lone in which he referred India as if it were a foreign country. He said the court must say that he withdraws these statements, and he does not support terrorism and any separatist activity.

Senior advocate Gopal Sankaranarayanan on behalf of the petitioners 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, wondering if all the counsel are pushing a separatist agenda by being here.

On this, the CJI said, “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.”

"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".

The bench further said, “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 bench said the matter has been argued on merits and on constitutional terms and that how the court will resolve the issue. The bench also said the judges know how to deal with the scenario where anguished is expressed by intervenors in a matter. 

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. It was alleged he raised, 'Pakistan Zindabad' slogan inside J&K Assembly in 2018.