New Delhi: The Supreme Court (SC) on Monday asked National Conference leader Mohammad Akbar Lone, who is one of the main petitioners in the batch of pleas filed against abrogation of Article 370 and had reportedly raised “Pakistan Zindabad” slogans in the State Assembly, to file a short affidavit affirming that Jammu and Kashmir is an integral part of India and he abides by and owes allegiance to the Constitution of India.
“He (Akbar Lone) has come to our court, we are more than duty bound to hear his submissions. People across the political spectrum in J&K presented rival viewpoints before us, which is welcome …. but all of them have come here with one spirit that they abide by the integrity of India,” remarked CJI DY Chandrachud, who headed the Constitution Bench, as per IANS report.
The Constitution Bench said that the J&K leader has invoked the jurisdiction of the Supreme Court under Article 32 of the Constitution and therefore, “necessarily abides by an allegiance to the Constitution.”
Senior advocate Kapil Sibal, who represented Akbar Lone, said that the petitioners did not challenge the sovereignty of India and at the outset, he had said that J&K is an integral part of India.
“If the first petitioner has said something, if he has said it- in what circumstances he said it, is it recorded, etc. You ask him for an affidavit. I have nothing to do with it,” said Sibal.
At this, the bench asked: “Do we take it that Lone unconditionally accepts the sovereignty of India and J&K is an integral part of India.”
In response, Sibal said that Akbar Lone is a member of Parliament and has sworn to the Constitution of India.
“He is a citizen of India. How can he say otherwise? If anybody has said it, I deprecate it,” Sibal added.
“We want to have it from him that he unconditionally accepts that J&K is an integral part of India and abides by and owes allegiance to the Constitution,” said the Constitution Bench.
