New Delhi, Aug 07: The Supreme Court was surprised after a petition sought a probe by the NIA or CBI into the memorandum of understanding signed between the Congress and the Communist Party of China in 2008.
While refusing to pass any order, Chief Justice of India, S A Bobde remarked, ' how can a political party enter into an agreement with China. It is unheard in law, the Bench remarked. The Bench, however, asked the petitioner to approach the High Court for a direction before coming to the Supreme Court.
Shahshank Shekhar Jha, a Delhi-based advocate and Savio Rodrigues, the editor of Goa based online news portal, Goa Chronicle said in their petition that the MoU raises concerns regarding national security and should be investigated by the NIA under the UAPA or Unlawful Activities (Prevention) Act.
Representing the petitioners, senior advocate, Mahesh Jethmalani said that there are sinister motives and it should be brought out in public domain. The petitioners alleged that the Congress had signed the MoU when its was leading a coalition government at the Centre.
The petitioners have also made both Sonia and Rahul Gandhi parties in the petition. The PIL alleged despite having a hostile relation with China, Respondent No 1 (Congress) had signed an agreement when it was running a coalition government and hidden the facts and details of the agreement from the country. The petitioners firmly believe that the nation's security cannot and should not be compromised by anyone, the petition said.
The agreement was signed between the Congress party and Communist Party of China in Beijing for exchanging high level information and co-operation.