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"mein pehley to Musalmaan hoon… If they say Pakistan Murdabad, I will say Pakistan Zindabad," declares Mohammad Akbar Lone, represented by Kapil Sibal in Article 370 abrogation case, stirring a nationwide discourse on allegiance and constitutional loyalty
In the intricate mosaic of Indian politics, where allegiance and affiliations often play pivotal roles, the representation of National Conference (NC) leader Mohammad Akbar Lone by veteran lawyer and erstwhile Congress stalwart Kapil Sibal in the contentious Article 370 abrogation case, has stirred a hornet's nest, raising pressing questions about the moral compass guiding this alliance. The intense debate revolves around the seismic shift in Indian jurisprudence concerning the historically significant and deeply polarizing Articles 370 and 35A of the Indian Constitution.
Mohammad Akbar Lone, a name now increasingly resonating with controversy, finds himself at the epicentre of this maelstrom. The NC leader, noted for his vocal pro-Pakistani stance, is not one to shy away from making statements that reverberate with strong political echoes. "If they say Pakistan Murdabad, I will say Pakistan Zindabad," declared Lone, a sentiment that is now casting a dark shadow over the ongoing legal proceedings.
Kapil Sibal, a legal luminary with decades of affiliation with the Congress party, has found himself in a precarious position, as he navigates the labyrinthine corridors of legal advocacy representing Lone. This collaboration, which many view as a travesty, seems to push the boundaries of political and national allegiance, raising eyebrows and inciting heated debates across the nation. For someone with a long-standing history of service in the Congress, taking up the mantle of representing a politician with secessionist leanings is viewed as nothing short of an anomaly.
On the 5th of September, a day that will now be etched in the annals of legal history, the Supreme Court of India, under the vigilant eyes of a 5-judge Constitutional Bench, commenced the hearing of the petitions that challenge the abrogation of the aforementioned constitutional articles. The session took an unexpected turn when Chief Justice of India (CJI), DY Chandrachud, took Sibal to task over Lone's contentious remarks which resonate with a pro-Pakistani sentiment.
In the course of the intense discussion, Solicitor General Tushar Mehta, representing the might and principles of the Government of India, emphasized the imperative need for Lone to unequivocally express his allegiance to the Indian Constitution. Stepping forward with a proposition that echoed the sentiment of millions, Mehta articulated, "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."
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As the case unfolds, the nation watches with bated breath, as principles, allegiances, and the very fabric of the constitution are put to the test. The journey ahead promises to be one of revelations and possible realignments, as the quest for justice and truth marches forward, leaving no stone unturned in its wake.
In a courtroom filled with anticipation and escalating tensions, the conversation took a sharp turn as the Chief Justice of India (CJI), unequivocally stated, “We got your point. We will put it to Mr. Counsel during the rejoinder,” acknowledging the valid concern raised regarding Mohammad Akbar Lone's allegiance to the Constitution of India. The air buzzed with expectation, as all eyes turned towards Kapil Sibal, the seasoned legal veteran, known for his astute legal acumen, representing Lone.
Despite the pressing demands of the moment, Sibal exhibited an apparent reluctance to delve into the remarks allegedly made by his client, distancing himself from the raging controversy surrounding the pro-Pakistani rhetoric. Sibal argued, “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,” portraying a careful stance to steer clear of the murky waters of political blame games.
In a valiant attempt to shield Lone from the burgeoning media frenzy, Sibal raised concerns about the potential unnecessary media coverage that highlighting the ‘Pakistan Zindabad’ sloganeering would inevitably usher in. A sense of urgency and caution permeated his words as he remarked, “What has happened, it will only lead to media coverage. Let us not go that route. We are arguing a pure constitutional issue.”
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Further, Sibal brought to the limelight the presence of a BJP speaker during the time of the controversial occurrence, questioning the motives and authenticity behind the statements attributed to Lone. With a fervent plea to maintain the focus on the constitutional matter at hand, Sibal emphasized the irrelevance of the contentious remarks in the grand scheme of the case. “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?” he questioned, urging the courtroom to steer clear of potential distractions.
Sibal vehemently came to the defense of his client, asserting Lone's sworn oath as a Member of the Indian Constitution and highlighting his citizenship. “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?” Sibal exclaimed, emphasizing the gravity of Lone’s commitment to the Indian state.
At this juncture, CJI Chandrachud took a firm stance, directing Lone to furnish an affidavit before the court that unambiguously states his allegiance to the Indian Constitution. With a stern and decisive directive, he announced, “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.”
As the courtroom absorbed this directive, the nation remained on tenterhooks, eagerly awaiting the next developments in this case that has managed to captivate the attention and stir the emotions of countless individuals across the country. The unfolding drama promises to unveil chapters that would potentially reshape the narrative surrounding the allegiance and constitutional responsibilities of individuals holding significant positions in the political arena.
The atmosphere in the courtroom intensified on Tuesday, September 5th, as the case took a pivotal turn with the National Conference leader Akbar Lone presenting his affidavit before the supreme judicial body. Yet, the affidavit seemed to bypass the explicit confirmation of Jammu and Kashmir's status as an inseparable part of India, an omission that raised eyebrows and ignited heated debates across the nation. The lack of a firm stance against terrorism and secessionism in the document further fueled the blazing controversy that circulates around this case.
Lone’s affidavit resounded with an assertion of his responsibility and devotion as a citizen of the Union of India, bringing forth his rights under Article 32 of the Indian Constitution. “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,” it stated. These words, though evocative of a solemn oath, left a gaping hole with the absence of an unequivocal acknowledgment of the integral status of Jammu and Kashmir within India.
This affidavit's presentation brought with it a wave of contention, with veteran advocate Kapil Sibal raising objections to the reading of the affidavit in open court, a manoeuvre seen as a bid to prevent escalating the issue amidst televised proceedings. Sibal's stance demonstrated a careful navigational approach, attempting to shield the case from spiraling into a media spectacle with potential repercussions on the political and social discourse.
However, Solicitor General Tushar Mehta refused to step back from addressing the glaring issues within the affidavit. With unflinching determination, he confronted the ambiguities in the document, accusing it of portraying India as if it were a foreign territory. His voice rang clear and firm in the courtroom as he proclaimed, “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.’”
As this phase of the trial concluded, the nation witnessed an escalating confrontation that threatened to expose deeper fissures within the country’s political landscape. The onus now lay heavily on Lone and his representation, to provide a clear and unequivocal stance that aligns with the constitutional expectations and the united spirit of India. This pivotal moment promises to bring forth repercussions that could redefine the legal and constitutional dynamics of the country.
In a flashback to February 2018, the atmosphere in the Assembly had reached boiling point when the BJP raised sharp criticisms against Pakistan following a harrowing terrorist attack on the Sunjuwan military camp. In a move that sent shockwaves through the Assembly, the National Conference leader defiantly retaliated with cries of "Pakistan Zindabad," echoing amidst the chaos that enveloped the Assembly.
But this was not an isolated incident; Lone remained unyielding in his stance, stoutly defending his controversial remarks that seemingly blurred the lines between national allegiance and religious identity. “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,” he proclaimed, showcasing a fervent attachment to his religious identity that appeared to supersede national borders.
Further emphasizing his position, Lone daringly proclaimed, “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).” This unabashed display of support for Pakistan illustrated Lone's readiness to counter opposition with equal fervor, demonstrating an entrenched belief in his perspective.
Fast forward to March 2019, Lone once again stood firmly in his pro-Pakistan stance, echoing sentiments of camaraderie and mutual respect between the two nations. His words illustrated a yearning for a prosperous and united Muslim community that spans across borders. “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 declared, unflinchingly affirming his fervent desire for a stronger bond between the two nations.
As the case unfolds further, the magnifying lens on Mohammad Akbar Lone and his historic statements paint a vivid portrait of a man entrenched in deep-seated convictions that challenge the conventional narratives of national allegiance. His bold claims and defiant stance have added fuel to the fiery discourse surrounding the case, promising to bring more impassioned debates and revelations to the fore as the nation watches with bated breath.
As we reach the critical juncture of this unfolding narrative, the decision of the eminent lawyer and seasoned politician, Kapil Sibal, to stand in representation of Mohammad Akbar Lone at the highest court of the land has undeniably stirred the proverbial hornet's nest. A move fraught with controversy, it draws into sharp focus the gravity of opposing the abrogation of Article 370, especially when the person at the helm of the opposition has a history steeped in vocal support for Pakistan - a nation that maintains a firm and vocal stand against Jammu and Kashmir being a sacrosanct part of India.
Lone's unabashed admiration for Pakistan, which already unlawfully occupies a significant portion of India's proud Union territory of Jammu and Kashmir, indeed rings alarm bells, resonating with troubling implications for the nation's unity and territorial integrity. His adamant opposition to the abolition of Article 370 seems to underscore a deep-seated allegiance not to the democratic secular nation that is India, but to the Muslim-majority territory of Pakistan. This stand is not only controversial but challenges the very fabric of the democratic and secular values that the Indian Constitution strives to uphold.
This precarious situation is further exacerbated by Kapil Sibal, a man who has dedicated several decades to serving in Congress, now choosing to advocate for a politician whose ideologies seemingly lean towards secessionism. This alignment is nothing short of a travesty, shaking the foundations of patriotic allegiance and raising many an eyebrow in the political circles and among the general populace alike.
Adding a deeper layer of complexity to this already convoluted scenario is Sibal's attempted justification of the 'Pakistan Zindabad' chants resounding from his client - an act that has undeniably resonated as a grievous affront to the nation. Moreover, Sibal's apparent indifference towards Lone's glaring omission - a failure to affirm J&K's integral connection to India - seems to betray a concerning level of acceptance of Lone's stance. A stance that seems all the more egregious when viewed through the lens of it being broadcasted nationwide, potentially influencing the minds of countless citizens.
As the nation sits at the edge of their seats, following each development with bated breath, one can't help but feel a mounting sense of unease as this courtroom drama unfolds. A narrative fraught with impassioned debates, ideological clashes, and an unsettling glimpse into the divisive forces that threaten to undermine the hard-fought unity and diversity that India stands for.
In this time of turmoil, it is hoped that the beacon of justice will shine bright, guiding the nation towards a future where unity prevails, where the sovereignty of the nation is upheld, and where every citizen can proudly affirm their allegiance to the indomitable spirit of India.
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