Sonia Gandhi, Rahul Gandhi, Supreme Court
Sonia Gandhi, Rahul Gandhi, Supreme Court
Litigation News

Plea filed in Supreme Court seeking NIA probe into 2008 agreement between UPA government and China

The plea states that the Memorandum of Understanding (MoU) in question also provided the two parties with the “opportunity to consult each other on important bilateral, regional and international developments”.

Debayan Roy

A writ petition has been filed in the Supreme Court seeking a National Investigation Agency (NIA) probe into a 2008 agreement signed between the then United Progressive Alliance (UPA) government headed by the Indian National Congress (INC) and the Communist Party of China.

The petition has been filed by Advocate Shashank Shekhar Jha and journalist Savio Rodrigues. It states that even after the latter questioned Congress leaders Sonia and Rahul Gandhi about the agreement through his newspaper editorial and a Republic TV show hosted by journalist Arnab Goswami, the Gandhis have not responded to him.

The petitioners have stated that the agreement in question was signed on August 7, 2007, between INC and the Communist Party of China (CPC) in Beijing for exchanging high-level information and co-operation.

The Memorandum of Understanding (MoU) also provided the two parties with the “opportunity to consult each other on important bilateral, regional and international developments”.

The petition, which has been filed shortly after the recent India-China face off at the Galwan Valley, states that the agreement signed in 2008 "may have matter involving national importance."

Along with seeking an NIA probe into the agreement under the Unlawful Activities (Prevention) Act, 1967, the questions raised by the plea are:

Whether the Right to Information (RTI) guaranteed to every Bharatiya could be snatched by a Political Party, even when it is concerned to the matter of National Interest?

Whether the Nation Security could be sabotaged by an agreement with the enemy state?

Whether the agreement/MoU could be investigated by National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act, 1967 and secure the agreement?

The petition notes that RTI was not filed in this case, as a political party does not come under the ambit of the legislation.

Alternatively, the plea seeks a Central Bureau of Investigation (CBI) probe monitored by the Supreme Court.

[Read the petition]

INC CPC Agreement Plea.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com