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The Supreme Court has refused to consider a petition filed by the Congress Party and the ruling Communist Party of China in Beijing on August 7, 2008. The petitioner has been asked to go to the High Court first. The petition demanded a probe by the NIA or CBI into the matter.

The bench headed by Chief Justice SA Bobde has asked the petitioner to go to the High Court first. Meanwhile, the Supreme Court expressed surprise at the deal, saying, “How a political party can compromise with China is unheard of”.

The petitioner, Delhi’s lawyer Shashank Shekhar Jha and the editor of Goa-run online news port Goa Chronicle, Sevio Roderigues, said in the petition that this MoU raises concerns about national security and that the NIA or CBI should investigate it under the UAPA Act.

Appearing on behalf of the petitioners, senior advocate Mahesh Jethmalani said that the motives under this agreement are not good. This agreement should be made public. He also sought permission to change the petition. The court asked the petitioners why they did not go to the High Court first. Jethmalani replied, “This case is related to national security. But the bench said that this does not prevent the petition from being filed in the High Court.

The petitioners alleged that despite poor relations with China, the Congress party signed the MoU while in the central government. The facts and details of this agreement were not made public.

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