In Article 370 case, Centre asks Akbar Lone to apologise for pro-Pak slogan, file affidavit owing allegiance to Constitution
Lone is a key petitioner in petitions challenging the changes made to Article 370 of the Constitution.
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Taking strong exception to National Conference MP Mohammad Akbar Lone allegedly shouting the slogan “Pakistan Zindabad” on the floor of the Jammu and Kashmir Assembly, the Centre Monday demanded he must file an affidavit stating that he “owes allegiance to the Constitution of India” and that he “oppose and object to terrorism…by Pakistan”.
Appearing on behalf of the Central Government, Solicitor General Tushar Mehta said in front of a five-judge Constitution Bench presided over by Chief Justice of India D Y Chandrachud that Lone remarks of “Pakistan Zindabad on the floor of the House” has its “own seriousness”.
Lone is a key petitioner in petitions 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”.
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, also comprising Justices S K Kaul, Sanjeev Khanna, B R Gavai, and Surya Kant, that he had filed an additional affidavit giving the details and added that Lone had expressed no remorse for what he had said.
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. (Via Indian Express)