Plea to probe Congress link with China dismissed

Supreme Court says petitioners can approach High Court

August 07, 2020 06:14 pm | Updated 11:04 pm IST - New Delhi:

The Supreme Court on Friday refused to entertain a petition seeking a National Investigation Agency (NIA) probe into an alleged agreement between the Indian National Congress and the Communist Party of China to exchange high-value information. 

Chief Justice of India Sharad A. Bobde called the averments in the petition “absurd in law”.

“It is absurd or something unheard 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?” Chief Justice Bobde asked senior lawyer Mahesh Jethmalani, appearing for PIL petitioners Shekhar Jha and journalist Savio Rodrigues.

70 Years of Diplomatic Relations between China and India [1950-2020]

Chief Justice Bobde said the petitioners could the petitioners to “withdraw the petition with liberty to approach the High Court.”

At the outset, Mr. 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. 

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”. 

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