SC refuses to entertain plea seeking NIA, CBI probe in 'agreement' between Cong, China's Communist party
Aug 07, 2020
New Delhi [India], Aug 7 : The Supreme Court on Friday refused to entertain a petition seeking a probe by the National Investigation Agency (NIA) or Central Bureau of Investigation (CBI) into an alleged agreement signed between the Indian National Congress (INC) and Communist Party of China in Beijing on August 7, 2008.
A bench headed by Chief Justice Sharad Arvind Bobde allowed senior advocate Mahesh Jethmalani appearing for petitioner advocate Shashank Shekhar Jha to withdraw the plea and approach the High Court in the matter.
"Every relief which your are seeking can be granted by the High Court and High Court is appropriate authority. Petition withdrawn with liberty to approach High Court," the bench noted in its order.
At the ouset, the top court expressed surprise at a public interest litigation (PIL) alleging signing of agreement between Congress and China government. "Never heard of a foreign government signing an agreement with a political party," the bench observed.
"How absurd? You are saying a political party has entered into an agreeemnt with China?" the apex court said.
Senior advocate Mahesh Jethmalani told the court that it is an agreement between Congress and the single ruling party of China and the issue is centred around offences related to the Unlawful Activities (Prevention) Act and serious issues are involved.
In their petition, advocate Shashank Shekhar Jha and journalist Savio Rodrigues claimed that despite hostile relations with China, the Congress signed the agreement when it was ruling the country as part of a coalition, and hid the facts and details of the agreement.
The plea has sought details of a 2008 agreement between the Congress party and the Communist Party of China (CPC) saying the agreement was drafted for the purpose of exchanging high-level information and co-operation between the two political parties.
