Sibal reading Abdullah's speech: "While accepting that accession, the GOI said that she wished that as soon as law and order have been restored in the Kashmir and her soil cleared of the Invader, the question of the states accession should be settled by reference of the people."
Sibal: This is the background. "When the raiders were fast approaching Srinagar, we could think of only one way to save the state from total annihilation-by asking for help from a friendly neighbour."
Sibal refers to Sheikh Abdullah's speech outlining the purpose of the Constituent Assembly of J&K. The speech was made on November 5, 1951.
Sibal: I'm not adding anything new in these submissions.
Sibal: They're there in the documents.
CJI: You can show us those. Whatever documents have been filed, we'll see.
Sibal: There are some speeches made in the J&K constituent assembly which were not a part of the original...I wanted to cite those.
CJI: Even those need to be a part of document compilation which is frozen.
Justice Kaul: We had clearly put it down that we will not accept submissions after a date. It would be a violation of Art 14 if we let you do it and not others.
Sr Adv Sibal has submitted additional submissions.
CJI: If we allow these submission, each one of the other counsels will do this- so at the end, we'll have 15-16 more submissions. With the additional submissions, rejoinders- it becomes impossible to draft a judgement.
Sr Adv Kapil Sibal commences his arguments for the day.
CJI: We have to brief submissions at some point because it creates such a problem when we compile
Justice Kaul: This was a problem last time too. Thousands of pages were submitted on the last days. We have to formulate a judgement