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Synopsis

The Supreme Court has asked National Conference leader Mohammed Akbar Lone to file an affidavit by tomorrow stating that "he swears allegiance to the Constitution of India and that J&K is an integral part of India". 

A CJI DY Chandrachud led Constitution bench has directed Senior Advocate Kapil Sibal to ask Lone to file a one-page affidavit by tomorrow before the hearing in pleas challenging abrogation of Article 370 closes.

When Sibal began his rejoinder submissions today after lunch, Justice SK Kaul asked him, "They (respondents) say your first petitioner has said something not in sync with your side..".

Justice Kaul was referring to the submission made by Solicitor General Tushar Mehta earlier today stating that Lone, the lead petitioner in the batch of petitions challenging scrapping of Article 370 had raised pro-Pakistan slogans in the Jammu and Kashmir legislative Assembly and has neither apologised for it, nor had 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 had further pointed out.

"I am not standing for him...How can he say otherwise..he is a sitting MP, he is sworn to the Constitution of India..he is a citizen of India..", Sibal told the bench.

"That is a submission by you, but we want it from him that he is unconditionally a citizen of India..and J&K is an integral part of India..", CJI responded.

This was followed by a heated conversation between SG Mehta and senior counsel Sibal. Notably, AG Venkataramani submitted that when Lone wanted to enforce his fundamental rights, he must apologise for his statements. To this, Sibal ended up saying, "What about the fundamental rights of those who you vilify on the streets..then you should apologise for them..".

In the morning today, CJI led bench remarked that it had taken note of several newspaper reports on Akbar Lone's statements, 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.

SG had further pointed out that allowing Lone to openly put out his pro-Pak stance 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 further said.

According to the application, Lone 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 also 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.

Supreme 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 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