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Plea in SC seeks probe into Congress-China MoU of 2008

After the recent face-off between Indian and Chinese armies at Ladakh, the Congress party has stepped up its attack on the Narendra Modi government alleging it failed on diplomatic and military fronts.

Published on: Jun 24, 2020, 20:02:32 IST
Hindustan Times, New Delhi | By
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The memorandum of understanding (MoU) entered into between the Congress party and the Communist Party of China in 2008 raises concerns regarding national security and should be investigated by the National Investigation Agency (NIA) for offences under the Unlawful Activities (Prevention) Act (UAPA) or the Central Bureau of Investigation (CBI), a petition filed before the Supreme Court on Wednesday prayed.

The UAPA is a law aimed at punishing those involved in terrorist activities and activities intended to bring about secession of any part of the country from the union of India. (Amal KS/HT PHOTO)
The UAPA is a law aimed at punishing those involved in terrorist activities and activities intended to bring about secession of any part of the country from the union of India. (Amal KS/HT PHOTO)

The petitioners, Shahshak Shekhar Jha, a Delhi based advocate and Savio Rodrigues, the editor of Goa based online news portal, Goa Chronicle alleged that despite India having ‘hostile’ relations with China, the Congress party had signed the MoU when it was leading a coalition government at the centre and it also failed to disclose the facts and details of the agreement to the public.

“Petitioner No. 2 (Savio Rodrigues) had demanded the respondents to make the said MoU public, however, no heed was shown in that respect which shows the malafide intention of the Respondents (Congress party and its leaders)”, the petition stated.

Both Sonia Gandhi and Rahul Gandhi have also been made party to the case apart from the Congress party.

“Issue an order directing NIA to investigate the said agreement under UAPA”, it was prayed by the petitioners.

The UAPA is a law aimed at punishing those involved in terrorist activities and activities intended to bring about secession of any part of the country from the union of India.

In the alternative, Jha and Rodrigues sought a court-monitored probe by CBI.

After the recent faceoff between Indian and Chinese armies at Ladakh, the Congress party has stepped up its attack on the Narendra Modi government alleging it failed on diplomatic and military fronts.

The ruling BJP, on the other hand, countered by referring to the MoU signed by Congress leader Rahul Gandhi on behalf of the Congress party with the Chinese Communist Party. The MoU was signed at Beijing in the presence of Sonia Gandhi who was then the chairperson of the United Progressive Alliance (UPA) headed by the Congress.

Placing reliance on media reports, the petitioners submitted that at least 600 incursions happened from Chinese side into Indian territory between 2008 and 2013.

“The Congress party brought the Right to Information Act during its rule, yet it failed to be transparent in this matter which is of national importance”, the petition said.

Jha had earlier approached the top court seeking CBI probe into the lynching of Hindu seers in Palghar district of Maharashtra. The court, on May 1, sought a status report from Maharashtra government regarding the same. That case is expected to be heard again in the second week of July.

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