The Central Government on Monday strongly objected to National Conference MP Mohammad Akbar Lone's comments and demanded he submit an affidavit affirming his allegiance to the Constitution of India and his opposition to terrorism by Pakistan after Lone allegedly shouted the slogan "Pakistan Zindabad" on the floor of the Jammu and Kashmir Assembly.
Representing the Centre Solicitor General Tushar Mehta said that before a five-judge Constitution Bench led by Chief Justice of India D Y Chandrachud, Lone’s remarks have its “own significance”.
Lone is a key petitioner in challenging the changes made to Article 370 of the Constitution. The matter was raised before the court by the NGO Roots in Kashmir.
Mehta said the court should look at it from that light as to who is demanding the continuation of Article 370. He said, “He should file an affidavit that I (Lone) owe allegiance to the Constitution of India because I (Lone) am before the highest court of the country”, reports The Indian Express.
Mehta said Lone “is not an ordinary man but he is a Member of Parliament” and that it is not enough that he expresses remorse. “He must say I oppose and object to terrorism and any secessionist activity by Pakistan in Jammu and Kashmir or elsewhere. It must come on record,” he added.
The counsel appearing for Roots in Kashmir told the bench, that he had filed an additional affidavit giving the details and added that Lone had expressed no remorse for what he had said.
The bench led by the CJI, also comprised of Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant,
Yet another counsel pointed out that the parliamentarian said outside the House that he stood by whatever he said in the J-K Assembly,
Senior Advocate Rakesh Dwivedi, appearing for Advocate Ashwini Upadhyay who has opposed the petitions challenging the changes made to Article 370, also said Lone should apologise. Dwivedi said, “…if he is invoking the Constitution of India, then he can’t stand outside the Constitution of India…”
CJI Chandrachud inquired about the details of Lone’s petition and was informed that but for the court renaming the matter as ‘In Re Article 370 of the Constitution’, Lone would have been the lead petitioner.
The court told the NGO’s counsel they would hear him when it is his turn to argue in the Article 370 matter.