PIL Seeking Investigation into 2008 Agreement Between INC and Communist Party of China Filed Before the Supreme Court

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Advocate Shashank Shekhar Jha and journalist Savio Rodrigues filed a petition in the SC against the Congress leaders Sonia and Rahul Gandhi under Article 32 of the Constitution of India. This petition seeks the details of the agreement signed between the Indian National Congress (INC) and the Communist Party of China (CPC) in 2008.

Brief Facts of the Case 

The respondent no.1 is the INC party. The party has its roots widespread in India. After the 2004 general elections, a formation of the United General Alliance (UPA) took place. The INC led the Alliance. On 07.08.2008, the INC and the CPC in Beijing signed an agreement. The agreement will ensure the exchange of high-level information and co-operation between them.

This Memorandum of Understanding (MOU) provided the parties with the “opportunity to consult each other on important bilateral, regional and international developments“. Sh. Rahul Gandhi in the presence of Smt. Sonia Gandhi signed the MOU on behalf of India. Xi Jinping, the then vice-president, signed on behalf of China.

The petitioners claimed that the MOU may contain a matter of national importance. The petitioners requested the respondents to make the MOU public. But the respondents did not provide any information about it. The present petition seeks information about the agreement. And, also requests the Court to direct NIA investigation.

Petitioner’s Contentions

The petitioners argued that there should be no compromise with the nation’s security by anyone. Due to the India-China face-off, the petitioners seek transparency and clarity regarding the agreement.

The petitioners claimed that the agreement signed in 2008 “may have a matter involving national importance.” It provided that the INC signed the agreement despite having hostile relations with China. It also hid the facts and the details of the agreement from the citizens of Bharat.

The petitioners further asserted that the Right to Information got introduced by the respondents during its rule. But it failed to be transparent in this matter which is of national importance.

In the end, the petitioners said: “that the true spirit of liberty, equality, and fraternity could be achieved through the medium of transparency and proper investigation and just judgment which could be achieved only if the agreement is investigated and secured by National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act, 1967.”

Prayers before the Court

The petitioners have prayed before the Court:

  • To issue a writ directing the NIA to investigate the said agreement under UAPA, 1967.
  • To issue a writ directing the CBI to conduct the investigation monitored by this Hon’ble Court.

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