New Delhi (PTI): A writ petition has been filed in the Supreme Court challenging the Indo-US nuclear deal on the ground that it is "unconstitutional" as it affects the country's sovereignty and threatens to take India the Iraq way.
A bench comprising Chief Justice K G Balakrishnan, Justice P Sathasivam and Justice J M Panchal, however directed the petitioner advocate Manoharlal Sharma to file additional documents in support of his arguments.
Sharma has claimed that the nuclear deal "affects the life, freedom and liberty of the citizens of India," and implied that various American laws would now be applicable and enforceable on Indian citizens and the country would become another Iraq.
"In case of non-compliance, after signing the said treaty, India and Indian citizens have to face similar consequences as Iraq has already suffered. Once the treaty is signed, India is bound to follow all relevant American laws in the interest of America," the petitioner argued.
He submitted that none of the provisions of the constitution empower the Union Government to impose any law, either American law or Indian law, without having legislative support under Art. 107,108 & 111 of the constitution of India under the garb of a treaty.
The petitioner contended that even the late Prime Minister Indira Gandhi had refused to sign any such treaty which impinged upon the national interests.
"Indira Gandhi, a born citizen of India, always had heart and pain for India, her motherland. Such heart and pain for India cannot be expected from any nominated/registered citizen of India whose mother land is not India," the petitioner stated.
In view of his arguments, Sharma urged the apex court to declare the treaty as unconstitutional.