Cong-CPC MoU: Cross border political pacts unheard of, says SC
10 August 2020
The Supreme Court has refused to believe that the Congress party has entered into a memorandum of understanding (MoU) with the Communist party of China (CPC) even as the apex court declined to admit a petition challenging the validity of such an agreement.
How can a political party sign agreement with a political party in another country, Chief Justice of the Supreme Court S A Bobde asked the petitioners even as the Supreme Court refused to entertain the petition and asked the petitioners to move the high court.
The petition, moved by Goa Chronicle editor-in-chief Savio Rodrigues and Shahshak Shekhar Jha, a Delhi based advocate, had sought legal proceedings against Congress chief Sonia Gandhi, Rahul Gandhi and some others on the MoU signed.
The petitioners wanted the National Investigation Agency or the Central Bureau of Investigation to probe the memorandum of understanding (MoU) signed on 7 August 2008 between Indian National Congress (INC) and the Communist Party of China (CPC) for exchanging high-level information and co-operation between them.
Chief Justice SA Bobde, before whom the matter was listed, said that the issue is very serious and in our limited experience we have not heard about a political party entering into an agreement with a foreign country.
While observing that the matter was of serious concern, the top court told the petitioners that if would allow an amended petition, but if the facts are wrong you will be prosecuted.
The petitioners have argued that despite India having hostile relations with China, the INC had signed an agreement when it was leading the coalition government.
"The Petitioners firmly believe that the nation's security cannot and shouldn't be compromised by any one. Therefore, this petition has been moved under Article 32 of the Constitution of Bharat, which seeks to bring transparency and clarity regarding the agreement signed between the Respondent No 1 (INC) and the Communist Party of China, which is also the de-facto government of People's Republic of China," the petition stated.
The petitioners said they had asked the Congress to make details of the agreement public, but it didn’t pay heed, which reflects the malafide intention of the party.
"The details are very crucial. It is a national security issue and the truth must be told. We had put out that question to Rahul Gandhi in an editorial that I had written as well as on a TV channel but he has given no answer to the people of India," Rodrigues had earlier said.
"Therefore, we have approached the Supreme Court of India with a petition. We are demanding an NIA probe into the China-Congress MoU. It must be made public. There is no other choice available to Congress but to tell the truth about its relationship with China," he had said.
The petition comes up at a time when the situation in Eastern Ladakh arising from Chinese aggression continues to be sensitive. China's PLA intruded into Indian territory in May.