September 20, 2024

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Kapil Sibal represents pro-Pakistan NC chief Mohammad Akbar Lone in Article 370 abrogation case

5 min read

A 5-judge Constitutional Bench of the Supreme Court is listening to petitions, difficult the abrogation of Article 370 and Article 35 of the Indian Constitution. One of the petitioners within the case is a National Conference (NC) chief named Mohammad Akbar Lone.

Lone, represented in courtroom by veteran advocate and former Congress chief Kapil Sibal, is below fireplace for his pro-Pakistani stance. On Monday (September 5), Chief Justice of India (CJI) DY Chandrachud pulled up Sibal for the pro-Pakistani remarks of Lone.

Solicitor General Tushar Mehta, representing the Government of India, identified that the NC chief had raised pro-Pakistan slogans within the Jammu and Kashmir Assembly in 2018.

Now this could possibly be EPIC contempt of the Supreme Court of India and by none aside from the well-known advocate and Congress chief @KapilSibal! But why is Sibal so brazen, offended and impolite?

Because he’s offended that Chief Justice of India, DY Chandrachud desires Sibal’s shopper,… pic.twitter.com/F1YeI3piwS

— Aarti Tikoo (@AartiTikoo) September 4, 2023

“He (Lone) should file an affidavit that I owe allegiance to the constitution of India. Because I am before the highest court of the country. And he must say that I strongly oppose terrorism and secessionism in J&K. He must come on record. He is the petitioner in the lead petition,” he advised.

“We got your point. We will put it to Mr. Counsel during the rejoinder,” the Chief Justice of India famous. As anticipated, Kapil Sibal was reluctant to deal with the feedback made by his shopper.

He claimed, “I am not concerned with that. If he has said it, in what circumstances, is it recorded, you ask him for an affidavit. I am not standing for him or what he said, if he said it.”

Sibal involves the defence of Mohammad Akbar Lone

Kapil Sibal alleged that elevating the problem of ‘Pakistan Zindabad’ sloganeering by his shopper, Mohammad Akbar Lone, would result in pointless media protection.

“What has happened, it will only lead to media coverage. Let us not go that route. We are arguing a pure constitutional issue. There was a speaker of the BJP who was present there when this allegedly happened. There are some people who asked him to say something he didn’t say,” the ex-Congress chief was heard saying.

He additional added, “It is not part of the record, it is withdrawn, it’s deleted. BJP speaker was there. He was asked to say something which people ask other people to say on the streets of this country. Why do we need to go into this?’”

#SupremeCourt asks National Conference chief Mohammad Akbar Lone, the lead petitioner within the Article 370 case, to file an affidavit affirming that J&Okay is an integral a part of India and that he owed allegiance to the Constitution of India.#Article370 #JammuAndKashmir https://t.co/OSWUbnlhsV

— Live Law (@LiveLawIndia) September 4, 2023

Later, Sibal claimed “He (Lone) has sworn an oath as a Member to the Constitution of India. He is a citizen of India… How can he say otherwise.”

CJI Chandrachud then directed his shopper to file an affidavit earlier than the courtroom, stating his allegiance to the Indian structure. He directed, “We want it from him that he unconditionally accepts that Jammu and Kashmir is an integral part of India and he abides and owes allegiance to the Constitution.”

NC chief recordsdata affidavit, avoids point out of Jammu and Kashmir

On Tuesday (September 5), the National Conference chief Akbar Lone filed his affidavit earlier than the apex courtroom. Far from condemning secessionism and terrorism, he even prevented mentioning that Jammu and Kashmir is an integral a part of India.

“That I am a responsible and dutiful citizen of the Union of India. I have exercised my right to approach this Hon’ble Court through Article 32 of the Constitution…That 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,” the affidavit learn.

Interestingly, Kapil Sibal objected to the affidavit being learn out within the courtroom because the proceedings had been being televised.

Affidavit filed by National Conference MP Akbar Lone right now within the Supreme Court.

Akbar Lone nowhere within the affidavit says that J&Okay is an integral a part of India.

Hope the Constitution Bench led by the Chief Justice makes a powerful word.

Supreme Court had earlier requested Akbar… pic.twitter.com/WfN3spgH6r

— Aditya Raj Kaul (@AdityaRajKaul) September 5, 2023

Solicitor General Tushar General didn’t mince any phrases and mentioned, “India is referred to as if it is a foreign country. His affidavit must say that I withdraw these statements. I do not support terrorism, I do not support any separatist activity and no citizen in this country can logically say that.’”

Pro-Pakistan antecedents of Mohammad Akbar Lone

In February 2018, the National Conference chief raised slogans in favour of Pakistan within the Jammu and Kashmir Legislative Assembly after the BJP criticised Pakistan over a terror assault on the Sunjuwan navy camp. “Pakistan Zindabad,” he yelled within the midst of chaos within the Assembly.

Mohammad later defended his contentious remarks and claimed, “Mein Kashmiri hoon, Hindustani hoon ya Pakistani… jo bhi hoon, mein pehley to Musalmaan hoon (Whether I am Kashmiri, Indian or Pakistani, I am first a Muslim). My sentiments got hurt and I said Pakistan zindabad.” 

“Pakistan zindabad kehney se kya hota hai. Woh kahengey Pakistan murdabad, mein kahunga Pakistan zindabad. Iss se kya hota hai (What happens if I say Pakistan zindabad? If they say Pakistan murdabad, I will say Pakistan zindabad),” he brazened it out.

This is Akbar Lone, National Conference Member of Parliament who screamed “Pakistan Zindabad” contained in the J&Okay Assembly in 2018.

In 2019, throughout this interview he mentioned that he stands by the slogan “Pakistan Zindabad” and received’t categorical any regret or apology.

Supreme Court of… pic.twitter.com/7AUkAb7mpd

— Aditya Raj Kaul (@AdityaRajKaul) September 4, 2023

A yr later in March 2019, the National Conference chief reiterated his pro-Pakistan stance and mentioned that he would abuse whoever dared to abuse Pakistan.

“The other side of this is a Muslim country, it should remain prosperous and successful. Our friendship with them should intensify. India and Pakistan should have a friendship with each other and I am an admirer of this friendship. If anyone will abuse them once, I will abuse him ten times from here,” he was quoted as saying.

Conclusion

As such, Kapil Sibal representing Mohammad Akbar Lone within the apex courtroom and opposing abrogation of Article 370 is problematic. Lone has not shied away from brazenly expressing his admiration for Pakistan, which has been occupying a portion of India’s Union territory of Jammu and Kashmir.

Pakistan is against the truth that J&Okay is an integral a part of India. Lone has displayed his opposition to the identical by opposing the aborgation of Article 370 and showcasing his allegiance to Muslim-majority Pakistan.

For Sibal, who has served a number of many years in Congress, to signify a secessionist politician similar to Lone is a travesty. To add salt to the wound, the veteran politician and advocate additionally tried to contextualise the ‘Pakistan Zindabad’ slogans raised by the National Conference politician.

He was additionally not involved about the truth that Lone didn’t explicitly point out that J&Okay is an integral a part of India. Sibal was involved that it was being televised to the remainder of the nation.