SC declines to consider plea for NIA probe into 2008 MoU between Congress and CPC

The Supreme Court on Friday declined to consider a plea for an NIA or CBI probe into 2008 agreements signed by the Congress party and the Communist Party of China.

A bench presided over by Chief Justice S A Bobde told senior advocate Mahesh Jethmalani, appearing for the petitioners that what has been averred in the plea was unheard of.

"How absurd! You are saying a political party has entered into an agreement with China. We will allow you to withdraw this. However, you must tell you that we want you to examine the averments," the bench told the counsel, appearing for petitioners advocate Shashank Shekhar Jha and journalist Savio Rodrigues.

"The agreement needs to be brought in public domain. There are sinister motives," Jethmalani said.

He claimed that the issue was centred around offences related to the Unlawful Activities Prevention Act.

The court, however, asked him to approach the High Court.

The petitioners claimed details of Memorandum of Understandings were yet not revealed, in violation of right to life of citizens.

In their joint plea, they sought transparency and clarity on the agreement signed on August 7, 2008 in Beijing for "exchanging high-level information and co-operation between them". The MoU also provided the two parties with the “opportunity to consult each other on important bilateral, regional and international developments”.

They named Congress party, Sonia Gandhi, Rahul Gandhi and the Union government as parties to the petition.

The petition was filed at a time amid tension between India and China their troops were involved into bloody clash along Line of Actual Control in eastern Ladakh, leading to martyrdom of 20 Indian soldiers.

They cited news report stating that there were about 600 intrusions and face-off on China's side of border between 2008 and 2013, making it all the more necessary to disclose details of the agreements.