Article 370 case: Supreme Court asks Lok Sabha MP Akbar Lone to swear on affidavit that Jammu & Kashmir is part of India
During the hearing of the case, Solicitor General Tushar Mehta told the Court that Lone, one of the petitioners in the case, had said ‘Pakistan Zindabad’ in an assembly.
The Supreme Court on Monday asked Lok Sabha MP Akbar Lone, a petitioner in the challenge to the abrogation of Article 370 of the Indian Constitution, to swear his allegiance to the Constitution of India.
Further, he was asked to state that Jammu and Kashmir is an integral part of the Union of India.
A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant passed the direction while hearing the challenge to the abrogation of Article 370.
“Furnish an affidavit from Mr Lone that he swears allegiance to the Constitution of India and that J&K is an integral part of the Union of India like all Indians. We have everyone from Jammu and Kashmir here,” the Court said.
The Court passed the direction after Solicitor General Tushar Mehta told the Court that Lone had previously said ‘Pakistan Zindabad’ in an assembly.
The SG demanded that Lone state that he strongly opposes terrorism and secessionism.
He has made speeches supporting terrorism and secessionism, the SG said.
Attorney General R Venkataramani also echoed the SG’s sentiments.
“He (Lone) wants his fundamental rights to be enforced and then takes a contrary viewpoint,” the AG said.
The CJI said that if Lone has invoked the jurisdiction of the Court under Article 32 of the Constitution, then he has to believe in the sovereignty of the nation and that Jammu and Kashmir is an integral part of India.
He added that Lone would have to furnish an affidavit stating the same.
“Do we take that Mr Akbar Lone believes in complete sovereignty of the nation and that J&K is an integral part of India?” the CJI asked.
Senior Advocate Kapil Sibal pointed out that Lone is a Member of Parliament (MP) in the Lok Sabha and suggested that he obviously believed that Jammu and Kashmir is a part of India.
“Nobody on this side (petitioner’s side) has challenged the sovereignty of India. He is a member of the Lok Sabha. Of course, he does believe in J&K being a part of India. Of course, unconditionally, he believes it,” Sibal said.
The CJI, however, insisted that Lone swear his allegiance to the Constitution on affidavit.