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PIL In SC Seeks Investigation Against Congress, Sonia Gandhi, Rahul Gandhi In Connection With An Alleged 2008 Agreement Between INC and Communist Party of China [Read Petition]

Radhika Roy
24 Jun 2020 11:48 AM GMT
PIL In SC Seeks Investigation Against Congress, Sonia Gandhi, Rahul Gandhi In Connection With An Alleged 2008 Agreement Between INC and Communist Party of China [Read Petition]
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A petition has been filed before the Supreme Court against Indian National Congress (INC), Sonia Gandhi and Rahul Gandhi, seeking details of a 2008 agreement between INC and the Communist Party of China for exchanging high-level information and for cooperation between them. 

The petition further seeks for an investigation into the same by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act, 1967, or, as an alternative, by the Central Bureau of Investigation (CBI).

Filed on behalf of Advocate Shashank Shekhar Jha and Founder and Editor-in-Chief of GoaChronicle Savio Rodrigues, the plea states that the "Petitioners firmly believe that the Nation's security cannot and shouldn't be compromised by anyone. Therefore, this Writ 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 and the Communist Party of China (herein CPC) which is also the de-facto government of People's Republic of China (Herein China)."

The agreement in question refers to a Memorandum of Understanding (MoU) signed during the United Progressive Alliance (UPA) Rule on 07.08.2008 and the CPC for "exchanging high-level information and cooperation between them".

"The MoU also provided the two parties with the 'opportunity to consult each other on important bilateral, regional and international developments'."

The plea goes on to refer to news reports regarding alleged multiple intrusions/face-offs between 2008 to 2013, instigated by China when the UPA was in power. However, despite demands of Petitioner No.2 in an editorial dated 18th June, 2020 to make the MoU public, it has not been done so.

It has been averred in the petition that INC signed the agreement, despite having a hostile relation with China, and hid the facts and details of the same from the citizens of the country. Furthermore, though INC brought in the Right to Information Act during its rule, it has "failed to be transparent in this matter which is of national importance".

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

In light of the above, the plea seeks for an investigation by either the NIA or the CBI to be conducted into the nature of the MoU, which shall be monitored by the Supreme Court.
[Read Petition]


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