Hearing on Article 370: Pledge allegiance to Constitution, submit affidavit, Supreme Court tells National Conference MP Mohammad Akbar Lone

Satya Prakash

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New Delhi, September 4

The Supreme Court on Monday asked National Conference MP Mohammad Akbar Lone, the lead petitioner challenging the abrogation of Article 370 of the Constitution, to file an affidavit that he swears allegiance to the Constitution of India after the Centre took strong exception to pro-Pakistan slogans raised by him in the past.

Lead petitioner

• NC leader Mohd Akbar Lone is lead petitioner in the case
• In 2019, he won the Lok Sabha election from Baramulla

“When he invokes the jurisdiction of our court under Article 32, 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 the Constitution of India,” a five-judge Bench led by CJI DY Chandrachud told senior counsel Kapil Sibal, representing Lone.

Sibal said the court could ask the MP to file an affidavit and he had nothing to do with it. As soon the court assembled this morning on the day 15 of the hearing on petitions challenging the abrogation of Article 370 and bifurcation of J&K, an advocate, representing NGO ‘Roots in Kashmir’, said he had filed an affidavit about a “startling fact” that Lone had raised pro-Pakistan slogans in the J&K Assembly in 2018 and also at other places.

Solicitor General Tushar Mehta demanded that Lone must file an affidavit to the effect that he owed allegiance to the Constitution of India and opposed secessionist forces and terrorism in J&K.

Seeking apology from Lone, senior counsel V Giri said his submissions should be taken on record only if he expressed remorse for his pro-Pakistan slogans and statements.

When it re-assembled after lunch, the Bench asked Sibal to respond to the allegation that the NC MP had raised pro-Pakistan slogans.

“I’m not concerned with that. If he has said it, in what circumstances, is it recorded? You ask him for an affidavit. I’m not standing for him or what he said, if he said it,” Sibal told the Bench.

Attorney General R Venkataramani said a person seeking to enforce his fundamental rights should have faith in the Constitution.

“There is also another petitioner, Justice Masoodi, let me argue for him. You want to take any action against him, do it, but please don’t derail pure legal submission,” Sibal said, adding that he would not represent Lone, if he didn’t file the affidavit.

“We will hear you for Lone as well. There’s no difficulty. He has come to our court, we’re duty-bound to hear his submissions…Tomorrow, just ask him to file an affidavit,” the CJI told Sibal.