SARVJEET KUMAR Vs. UOI

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner in this Court as a Public Interest Litigation. When the matter was listed yesterday and since the issues raised pertain to an important question of law, applicability of the provisions of Article 143 of the Constitution of india, we desired that the Central Government should be represented by the Additional Solicitor General. We had also requested Mr. Jagmohan Sabharwal, Senior advocate, who was present in Court, to assist us in this matter as amicus curiae. Consequent to the orders passed yesterday, both the Additional Solicitor General and Mr. Jagmohan Sabharwal, Sr. Advocate are present in Court today and have addressed us.

(2.) IN this writ petition the petitioner seeks a direction to the Union of India to approach the President of India under Article 143 of the Constitution of India to refer "questions of law and fact" arising out of the agreement being signed between India and the United states of America, commonly known as the proposed "1-2-3" Agreement. It is stated by the petitioner in paragraph 5 of the writ petition that understanding is that India would negotiate details of the agreement but would not sign the same until the Nuclear Suppliers group grants its exemption and after formalities are completed.

(3.) IT transpires that a "deal" or understanding was announced between India and usa in the month of July, 2005. The said deal/understanding was "finalised" in Delhi some time in March 2006 when US President visited India. In July, 2006, US House of Representatives approved the deal/understanding. In November, 2006, United States senate voted in favour of the deal/understanding. Thereafter several rounds of negotiations were held and a text of an agreement was finalised. On 3rd August, 2007, the text of 1-2-3 agreement was released. However, before the agreement is signed, it would be necessary for India to make separate agreements with the United Nations nuclear Watchdog, the International Atomic energy Agency and the Nuclear Suppliers group, which is an assembly of nations that export nuclear material.