SC comes down heavy on MoU signed between Congress and Communist Party of China

In what could be an embarrassment for the Sonia Gandhi led Indian National Congress, the Supreme Court made strict comments on the signing of the Memorandum of Understanding between China and the Indian National Congress Party.

The apex court said, “We have never heard of how the current government of a country can sign any memorandum of understanding with any country’s political party”.

However, the apex court headed by Chief Justice of India SA Bobde asked the petitioners Shahshak Shekhar Jha, a Delhi-based advocate and Savio Rodrigues, the editor of Goa-based online news portal, Goa Chronicle to approach the High Court first before moving the Supreme Court. The petitioners subsequently proceeded to withdraw the petition.

Jha and Rodrigues were represented by senior counsel Mahesh Jethmalani who argued that the MoU raises concerns regarding “national security” and should be investigated by the NIA for offences under the Unlawful Activities (Prevention) Act (UAPA) or the CBI.

Savio Rodrigues who is also leading a crusade against rape accused catholic Bishop Franco Mulakkal demanded the MoU signed between Congress party and the Chinese Communist party, public.

The petitioners said, “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”.

In August 2008, the Sonia Gandhi-led Congress and the Communist Party of China signed a Memorandum of Understanding (MoU) “for exchanging high level information and cooperation between them”. The MoU also said that the two parties would “consult each other on bilateral, regional and international developments”. The deal was signed by none other than the then Congress General Secretary Rahul Gandhi on the Indian side.

Now this is not an agreement that was signed between two governments. As reported, “it was strictly on party-to-party” basis and in China, it is the Communist party that runs the government.

Before the signing of the MoU, Sonia Gandhi and Rahul Gandhi held meetings with Xi Jinping and other Communist leaders and held discussions on “mutual interest”.

Earlier in October 2007, Sonia Gandhi and her son Rahul Gandhi led a Congress party delegation to China. They had interacted with a number of leaders who, as IANS reported, “were likely to play an important role in China in the near future”.

Now, it would not be surprising if Communists in India signed a MoU with Communists in China. However, what one should note is that China went ahead and signed the MoU with the Congress party despite knowing that the party was not in good terms with the Indian Left. It was reported that the CPC signed the document to build a relationship with the Congress and in particular the Nehru-Gandhi family.