How can a political party enter into an agreement with China, observes Supreme Court on Congress party pact with China's CPC
New Delhi: The Supreme Court on Friday (August 7) refused to entertain a PIL seeking NIA probe into the alleged 2008 agreement between the Congress party and the Communist Party of China, but observed that how can a political party enter into an agreement with China.
In the hearing conducted through video conferencing, the SC bench, comprising Justices A S Bopanna and V Ramasubramanian, headed by Chief Justice SA Bobde observed, "We find that there is something which appears to be, what might be called, unheard of and absurd in law. You are saying that China has entered into an agreement with a political party and not the government. How can a political party enter into an agreement with China."
The top court asked senior lawyer Mahesh Jethmalani, appearing for PIL petitioners Shashank Shekhar Jha and journalist Savio Rodrigues, to withdraw the plea and approach the high court.
The SC bench further said, "Every relief which you are seeking, can be granted by the high court. Secondly, high court is a proper court. Thirdly, we will have the advantage of high court order also."
At the outset, senior lawyer Jethmalani alleged that it was an "agreement between a political party of this country with the only political party in that country (China)" and the issue pertained to national security.
On being stressed by the lawyer that this was the case, the bench said, "we will allow you to withdraw this and file a fresh petition. We will examine what you say in the petition and if we find any false statement, we may prosecute you".
"Within our limited experience, we have unheard of it that a political party is making an agreement with other country," said the court.
Jethmalani argued that the alleged offences, if any disclosed, will be under the NIA Act and the Unlawful Activities Prevention Act and it will be better if the Supreme Court examines this as it relates to national security.
The PIL was filed in the top court seeking NIA probe into the 2008 agreement between the Indian National Congress and the Communist Party of China amid India-China face-off on Line of Actual Control (LAC).
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 said agreement was signed between Congress and the Communist Party of China in Beijing for exchanging high-level information and co-operation.
(With PTI Inputs)