Supreme Court Directs MP Mohammad Akbar Lone to Affirm J&K’s Integral Status to India Amid Controversial Allegations
In a significant development, the Supreme Court of India, on Monday, directed National Conference leader and Member of Parliament, Mohammad Akbar Lone, to submit an affidavit. The directive requires Lone, who is the primary petitioner in a series of petitions challenging the revocation of Jammu and Kashmir’s special status, to confirm that he unequivocally acknowledges J&K as an integral part of India and pledges allegiance to the Indian Constitution.
Earlier in the day, a Kashmiri Pandits’ organization, “Roots in Kashmir,” brought to the attention of the Constitution Bench an incident where Lone allegedly voiced support for Pakistan during a session in the Jammu and Kashmir assembly. This revelation prompted Solicitor General of India, Tushar Mehta, to express grave concerns. Mehta urged the Court to mandate Lone to clarify, through an affidavit, his stance on India’s absolute sovereignty and his condemnation of terrorist and separatist activities in J&K. Chief Justice of India, DY Chandrachud, responded by stating that Lone’s feedback would be solicited during the rejoinder submissions.
During the afternoon session, Senior Advocate Kapil Sibal, representing Lone, was confronted about the allegations. Justice Sanjay Kishan Kaul remarked,
“They say that your first petitioner (Mohammad Akbar Lone) has said something which is not in sync…”
To which Sibal responded,
“I’m not concerned with that. If he has said it, in what circumstances, is it recorded, you ask him for an affidavit. I’m not standing for him or what he said, if he said it.”
Chief Justice Chandrachud probed further, asking Sibal if Lone unconditionally accepted India’s sovereignty and recognized J&K as an integral part of India. Sibal defended Lone, emphasizing his current role as a Member of Parliament and his commitment to the Indian Constitution. He stated,
“He is a member of parliament today. He has sworn to the constitution of India. He is a citizen of India. How can he say otherwise? And if anyone has said it, at my level, I deprecate it.”
The Solicitor General interjected, prompting Sibal to suggest that Lone be asked to file the affidavit. The Chief Justice then clarified the Court’s position,
“Mr. Sibal, when he invokes the jurisdiction of our court under Article 32 of the Constitution, he necessarily abides by the Constitution…we want to have it from him that he unconditionally accepts that J&K is an integral part of India and that he abides by and owes allegiance to Constitution of India.”
Justice Sanjiv Khanna further commented on the matter, and Sibal highlighted that the controversial events took place in the Assembly in 2018. He also mentioned that a BJP speaker had prompted Lone to chant specific slogans. The Chief Justice reiterated the Court’s expectation for Lone to file the affidavit, emphasizing the importance of allegiance to the nation.
Attorney General for India, R Venkataramani, weighed in, stating that anyone seeking to enforce their fundamental rights should have unwavering faith in the Constitution. Sibal countered by emphasizing the universal nature of fundamental rights in India.
The case is ongoing, with rejoinder arguments still in progress.
Stay tuned for more updates.