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Synopsis

Solicitor General Tushar Mehta informed Supreme Court today that the lead petitioner in the batch of petitions challenging scrapping of Article 370, National Conference leader Mohammed Akbar Lone has raised pro-Pakistan slogans in the Jammu and Kashmir legislative Assembly and has neither apologised for it, nor has any remorse.

"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...," the Solicitor General pointed out.
 

The CJI led bench noted that it has taken note of this as several newspaper reports stated this, on account of a Kashmiri Pandit organisation, Roots in Kashmir, filing an affidavit, objecting to his credentials for coming before Supreme Court against a constitutional challenge such as this. CJI said that he will hear the Centre on this point.

The SG further pointed out 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..," he said.
 

According to the application, Lone has has been "openly pro-Pakistan and India-hating". Amit Raina, the managing trustee of Roots in Kashmir, who has sworn the affidavit before top court has informed it that 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. "He himself not only admitted shouting the slogan but refused to tender an apology when asked for by the journalists," the affidavit reads. 

The affidavit which has been filed by the Kashmiri Pandit organisation has pointed out that Lone, while addressing the media, hesitated to identify himself as an Indian, when journalists sought answers from him for his pro-Pak sentiments and slogans in the J&K assembly.

Today, the senior law officer told Supreme Court that as lead petitioner, Lone must speak up against terrorism and separatist and secessionist thought on record.

"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.."
- SG Tushar Mehta said

The Court is currently on day 14 of hearing the pleas challenging Article 370's abrogation on August 5, 2019 by the Central Government vide a Presidential Order which revoked the "special status" of Jammu & Kashmir. 

The President issued The Constitution (Application to Jammu And Kashmir) Order, 2019 CO 272 replacing the words ‘Constituent Assembly’ from Article 370(3) with ‘Legislative Assembly [of Jammu & Kashmir]’. A Statutory Resolution was introduced by Amit Shah in the Rajya Sabha which abrogated Article 370 as the state of under president's rule. Finally, on the next day, the Parliament passed the Jammu and Kashmir Reorganisation Bill, 2019  bifurcating the State into two Union Territories -Jammu & Kashmir and Ladakh. 

A saga of petitions were filed challenging this move by the Centre, after which it was first taken up on August 28, 2019 by a bench led by former CJI Ranjan Gogoi, who referred the case to a five-judge bench. A five judge bench led by former CJI NV Ramana referred it to a Constitution bench on October 1, 2019. 

The court is hearing the case vide a Constitution bench of CJI DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant since July 11, 2023.

Case Title: In Re Article 370 of the Constitution