Petitioner who raised 'Pakistan Zindabad' slogans should file affidavit that he opposes terrorism, secessionism in J&K: Centre

The Union government on Monday urged the Supreme Court that National Conference leader Mohammad Akbar Lone, who had reportedly raised "Pakistan Zindabad" slogans in the Jammu and Kashmir Assembly, should file an affidavit that he owes allegiance to the Constitution of India and opposes terrorism and secessionism by Pakistan in the union territory.

Solicitor General Tushar Mehta, appearing for the Centre, pleaded before the Constitution Bench that Akbar Lone is the one of the main petitioners in the pleas filed against abrogation of Article 370.

“Main petitioner in the lead petition saying "Pakistan Zindabad" on the floor of the house has its own seriousness,” Mehta said.

He urged that the National Conference leader should file an affidavit that he owes allegiance to the Constitution of India and opposes terrorism and secessionism by Pakistan in Jammu and Kashmir or elsewhere, adding that if he does nothing, it “might encourage others” and “efforts of the nation to bring in normalcy (in the union territory) might be affected”.

Mehta said that Lone is “not an ordinary man” but “a member of Parliament”.

“Coming from responsible leaders, it has its own context and seriousness,” he added.

At the outset of the hearing, an application seeking permission to file an additional affidavit was mentioned before the Constitution Bench hearing pleas contending retention of Article 370.

The Constitution Bench was told that the affidavit discloses the ‘startling’ fact that Lone has reportedly uttered pro-Pakistan slogans in the State assembly and hesitated to be identified himself as an Indian.

“The petitioners Mohd Akbar Lone he had said at so many forums and in the legislative assembly 'Pakistan Zindabad' and he has no remorse about that,” said the counsel, claiming that the National Conference leader as per media reports had said that J&K accession with India is not complete.

"We have seen the newspaper, it's alright," remarked Chief Justice of India D.Y. Chandrachud, adding that he will seek the response of the petitioner while hearing rejoinder.

Notably, a 5-judge Constitution Bench is hearing a clutch of petitions challenging the 2019 Presidential Order taking away the special status accorded to the erstwhile state of Jammu and Kashmir and its bifurcation into two union territories.