“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,” stated the bench which additionally comprised Justices A S Bopanna and V Ramasubramanian.
The high courtroom, within the listening to performed by video conferencing, allowed the petitioners to “withdraw the petition with liberty to approach the high court.”
At the outset, 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 problem pertained to nationwide safety.
“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 bench noticed.
On being pressured by the lawyer that this was the case, the bench stated, “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”.
The courtroom stated, “Within our limited experience, we have unheard of it that a political party is making an agreement with other country.”
Jethmalani argued that the alleged offences, if any disclosed, will likely be underneath the NIA Act and the Unlawful Activities Prevention Act and it is going to be higher if the Supreme Court look at this because it pertains to nationwide safety.
The submission was rejected by the bench. Amid India-China face-off on Line of Actual Control (LAC), a PIL was filed within the high courtroom searching for NIA probe into the 2008 settlement between Indian National Congress and the Communist Party of China.
“Despite of 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 PIL alleged.
“The petitioners firmly believe that the Nation’s security cannot and shouldn’t be compromised by any one,” the plea had stated.
The stated settlement was signed between Congress and Communist Party of China in Beijing for exchanging high-level data and co-operation.