Lone, who is the lead petitioner challenging the abrogation of Article 370, which granted special status to Jammu and Kashmir, will be required to file this affidavit by Tuesday.
The Supreme Court has requested National Conference leader Mohd Akbar Lone to submit an affidavit affirming his allegiance to the Constitution of India and unequivocally recognizing the country's sovereignty. This request comes in response to allegations that Lone raised the 'Pakistan zindabad' slogan in the Jammu & Kashmir assembly back in 2018, which has sparked a significant controversy.
Lone, who is the lead petitioner challenging the abrogation of Article 370, which granted special status to Jammu and Kashmir, will be required to file this affidavit by Tuesday. Senior advocate Kapil Sibal, representing Lone in the matter, conveyed this to a five-judge bench led by Chief Justice DY Chandrachud. Sibal emphasized that he would not represent Lone if he failed to comply with this request, emphasizing that Lone, as a Lok Sabha MP and an Indian citizen, has already sworn to uphold the Constitution and acknowledge India's sovereignty, PTI reported.
Earlier in the day, Solicitor General Tushar Mehta, representing the Central government, urged Lone to apologize for his alleged 'Pakistan zindabad' slogan in the Jammu and Kashmir Assembly. The law officer highlighted that the matter was brought to the court's attention by a Kashmiri Pandit group known as 'Roots in Kashmir,' which questions Lone's credentials, claiming he supported secessionist forces.
During the post-lunch session, Justice Kaul pointed out that lawyers representing those in favor of the Article 370 abrogation had argued that what Lone allegedly said was not consistent with their stance. Sibal responded by stating that he was solely concerned with Lone filing the required affidavit and clarified that he would not represent him if he failed to do so.
The Chief Justice reiterated the need for Lone to submit an affidavit stating his unconditional acceptance of India's sovereignty and the integral status of Jammu and Kashmir within India. Sibal concurred with this requirement, asserting that he personally did not support what Lone had allegedly said.
Mehta emphasized the importance of Lone affirming in his affidavit that he does not support terrorism and secessionism, a request that the Chief Justice considered reasonable, given the litigant's invocation of the court's jurisdiction.
Sibal pointed out that the alleged incident took place during the 2018 Jammu and Kashmir assembly session and suggested that there were other factors at play. He urged everyone to focus on the legal issue at hand.
The bench instructed Sibal to have Lone submit a brief affidavit by Tuesday and assured him that they welcome diverse voices in the court. Attorney General R Venkataramani emphasized that those seeking to uphold their fundamental rights should have faith in the Constitution.
Sibal continued with his legal arguments, reiterating that they had not challenged India's sovereignty and that Jammu and Kashmir remained an integral part of the country. Several petitions challenging the abrogation of Article 370 and the Jammu and Kashmir Reorganisation Act, 2019, have been referred to a Constitution bench in 2019.