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Pro Pakistan National Conference Leader Files Affidavit in Supreme Court Upholding Constitutional Provisions [Read Affidavit]

By LAWSTREET NEWS NETWORK      06 September, 2023 06:37 PM      0 Comments
Pro Pakistan National Conference Leader Files Affidavit in Supreme Court Upholding Constitutional Provisions [Read Affidavit]

NEW DELHI: Upon being pushed to walls for his pro Pakistan stand, National Conference leader Mohd Akbar Lone, the lead petitioner in Article 370 matter, on Tuesday filed an affidavit in the Supreme Court, reiterating the oath taken as Member of Parliament to preserve and uphold the provisions of the Constitution of India and to protect the territorial integrity of the nation.

Upon a direction issued by the top court's bench led by Chief Justice of India D Y Chandrachud, he filed the affidavit.

Solicitor General Tushar Mehta, however, claimed that the affidavit added insult to injury already caused to the nation and the court should say something about it.

The bench, also comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai and Surya Kant, said it would examine the matter.

The court reserved its judgement on a clutch of petitions questioning abrogation of Article 370 which accorded special status to erstwhile J&K, after 16 days of marathon hearing.

Earlier, Mehta again raised further statements made by Lone.

Mehta asked the court to see three statements made by Lone in which he referred India as if it were a foreign country. He said the court must say that he withdraws these statements, and he does not support terrorism and any separatist activity.

Senior advocate Gopal Sankaranarayanan on behalf of the petitioners questioned whether filing a petition against abrogation of Article 370 in this court is pushing a separatist agenda.

"I have a very strong objection to the government of India taking this stand," he said.

The counsel asked if all the counsel are pushing a separatist agenda by being here.

On this, the CJI said, “I think this is unfortunate. Nobody can say that because a petition under Article 32 has been filed...up to this point nobody has said that the filing of the petition constitutes separatist agenda.”

"Access to our court for ventilating grievances of citizens within the framework of the Constitution is a constitutional right in itself. Anyone who accesses justice under Article 32 cannot be turned out on the ground that you're following this agenda or that agenda. On merits, on any individual petition....it is on the court to separate the grain from the shaft," the bench said.

The bench further said, “We will put a lid on this. We have not heard either the Attorney General or Solicitor General that these petitions should be dismissed on the grounds that they're separatist agenda”.

The bench said the matter has been argued on merits and on constitutional terms and that is how the court will resolve the issue. The bench also said the judges know how to deal with the scenario where anguished is expressed by intervenors in a matter.

In a one-page affidavit, Lone had said that he is a “responsible and dutiful citizen of the Union of India……. I reiterate the oath taken while being sworn in as Member of Parliament to preserve and uphold the provisions of the Constitution of India and to protect the territorial integrity of the nation”.

On Monday, the Supreme Court had asked Lone to file an affidavit endorsing the allegiance to the Indian Constitution and also that Jammu and Kashmir is an integral part of India. It was alleged he raised, 'Pakistan Zindabad' slogan inside J&K Assembly in 2018.

[Read Affidavit]



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