Pro-Pakistan slogan: SC asks NC's Mohd Akbar Lone to file affidavit saying he owes allegiance to Constitution

Lone, the lead petitioner challenging the abrogation of Article 370 will file the affidavit by Tuesday, senior advocate Kapil Sibal told the bench.

The Supreme Court Monday asked National Conference MP Mohd Akbar Lone, one of the lead petitioners challenging the dilution of Article 370, to file an affidavit endorsing his allegiance to the Indian Constitution and also that Jammu and Kashmir is an integral part of India.

A five-judge bench led by Chief Justice of India D Y Chandrachud noted “When he (Lone) invokes the jurisdiction of our court under Article 32 of the Constitution, he necessarily abides by the Constitution".

Hearing the challenge to the central government's decisions of August 5-6, 2019, the bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant, was told about Lone's 2018 raising of a slogan of 'Pakistan Zinbadad' and that he declined to express any remorse over it.

Solicitor General Tushar Mehta, appearing for the Centre, raised the issue, contending since he is the lead petitioner challenging the abrogation of Article 370, he should submit an affidavit owing allegiance to Indian Constitution.

The bench asked senior advocate Kapil Sibal, appearing for the petitioners if the court should take that Lone unconditionally accepts the sovereignty of India and believes that J&K is an integral part of India and 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. He said, "I am not concerned with what he had said in what circumstances, it is recorded. You ask him to file an affidavit. I am not standing for what he has said."

Maintaining that the court is duty bound to hear his submissions, the bench 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 come in one spirit (which is that they abide by the integrity of India)”.

The bench 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. 

Mehta said that Lone is Sibal’s client. Sibal said nobody on the petitioners’ side has challenged the sovereignty of India.

He said Lone has made speeches supporting terrorism and secessionism and let him file an affidavit stating that he does not believe and support any of this.

Attorney General R Venkataramani 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.

Lone must say that he strongly opposed terrorism and secessionism in Jammu and Kashmir, Mehta said. 

Senior advocate Rakesh Dwivedi also said he should apologise.

'Roots in Kashmir’, a prominent organisation 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.