The Supreme Court of India is holding a continued hearing to give the final verdict on Article 370 of the constitution of India. On the 15th-day hearing session that is being held today (Monday, September 4), the Supreme Court has asked National Conference leader Mohammad Akbar Lone, the lead petitioner in the Article 370 case, to file an affidavit affirming that Jammu and Kashmir is an integral part of India and that he owed allegiance to the Constitution of India.
The National Conference leader has been given time until tomorrow (Tuesday, September 5).
The assertion was made while the apex court was hearing the petition filed by Lone and others challenging the abrogation of Article 370 of the constitution. Notably, National Conference MP Mohammad Akbar Lone is the key petitioner in petitions challenging the Centre’s decision to abrogate Article 370 of the constitution. Lone is being represented by veteran lawyer and ex-Congres leader Kapil Sibal in the Supreme Court.
#SupremeCourt asks National Conference leader Mohammad Akbar Lone, the lead petitioner in the Article 370 case, to file an affidavit affirming that J&K is an integral part of India and that he owed allegiance to the Constitution of India.#Article370 #JammuAndKashmir https://t.co/OSWUbnlhsV
— Live Law (@LiveLawIndia) September 4, 2023
Notably, the SC remark came after the central government demanded that National Conference MP Mohammad Akbar Lone file an affidavit stating that he “owes allegiance to the Constitution of India” and that he “oppose and object to terrorism…by Pakistan”.
Today morning, a Kashmiri Pandits’ organisation named “Roots in Kashmir” submitted before the Constitution Bench that Lone had raised slogans supporting Pakistan in the Jammu and Kashmir Assembly.
Appearing on behalf of the Central Government in the Supreme Court, Solicitor General Tushar Mehta took strong exceptions that Akbar Lone, who had raised pro-Pakistan slogans in the Jammu and Kashmir legislative Assembly, has neither apologised for it nor has any remorse.
The 5-judge bench was continuing to hear the petition against the abrogation of Article 370 on the 15th day on Monday, September 4 when SG Tushar Mehta pointed out, “Lead petitioner in these batch of petitions saying “PAKISTAN ZINDABAD” on the floor of the house has its own seriousness…Your lordships may look at who is contesting the claims of continuing 370…”
Mehta further asserted that allowing such a person to do nothing even after Lone’s openly pro-Pak stance has come to light before the highest court would encourage other secessionists and terrorist activities.
“Despite this being brought to the court’s attention, if he does nothing, it might encourage others..the efforts of the nation to bring in normalcy, which is substantially successful, might be affected.. and such statements from responsible leaders, it has its own context and its own seriousness..,” SG Tushar Mehta said.
SG Tushar Mehta added, “Akbar Lone must say that he opposes and objects against terrorism and any secessionist activities by Pakistan in Jammu and Kashmir or elsewhere…It must come on record..”
The CJI-led bench said that it took note of this since Roots in Kashmir, an organization of Kashmiri Pandits, had filed an affidavit objecting to Lone’s credentials to appear before the Supreme Court in response to a constitutional challenge like this.
Notably, ‘Roots in Kashmir’ has filed an intervention application in the apex court questioning the credentials of National Conference leader Mohammad Akbar Lone claiming he was a supporter of secessionist forces. The organisation asserted that Lone had openly raised pro-Pakistan slogans in Jammu and Kashmir’s former Assembly and also had refused to apologise before media persons.
The intervention application filed by ‘Root in Kashmir,’ while referring to several media reports, alleged that Mohammad Akbar Lone was known as “a supporter of secessionist forces operating in J&K which support Pakistan.”
“The petitioner No. 1…(Mohd Akbar Lone), was a member of the legislative assembly from 2002 to 2018 and has shouted slogans like Pakistan zindabad on the floor of the J&K Assembly,” the intervention application read.
“The said fact was widely reported by media houses. Thereafter, he not only admitted raising the slogan but refused to tender an apology when asked by journalists. Mr Lone, also while addressing the media, hesitated to identify himself as an Indian. Similarly in his rallies also he is known for spreading pro-Pakistan sentiments,” it said.
National Conference MLA Akbar Lone shouts ‘Pakistan Zindabad’ inside J&K assembly, chief Omar Abdullah refuses to apologize
In 2018, Mohammad Akbar Lone, an MLA of the National Conference led by Omar Abdullah shouted Pakistan Zindabad in the J&K assembly. When asked about the incident, Akbar Lone had told the media that it was his personal view and no one should have any problem with it. Akbar Lone was a cabinet minister holding the higher education portfolio when Omar Abdullah was chief minister.
“I am a Muslim first. My sentiments were hurt when they (BJP MLAs) were shouting “Pakistan Murdabad” slogans. I couldn’t control my emotions and raised Pakistan Zindabad slogans,” the MLA had said then in his defence.
The former chief minister of J&K and the party head Omar Abdullah had not only refused to apologise for his MLA’s behaviour but had also blamed the government for failing to maintain security in Jammu.
Some key takeaways of the Article 370 hearing
Notably, prior to this SG Mehta quoted certain remarks by Sardar Vallabhbhai Patel on the issue of Jammu and Kashmir and exposed Nehru’s stance. Petitioner lawyer Kapil Sibal objected to it and created disturbances in the hearing. However, the CJI interjected and instructed Sibal not to impede in the middle of the government’s argument.
Prior to that, the Constitutional bench came down heavily and rebuked Manish Tewari for raising ‘apprehensions’ that Article 371 may be abrogated. During the course of the Article 370 hearing, the bench dismissed his plea.
