The Supreme Court on Friday refused to hear a petition filed by the Congress Party and China's ruling Communist Party of China on the agreement reached in Beijing on August 7, 2008. The court asked the petitioner to go to the High Court first. The petition demanded that the matter be investigated by the CBI and NIA.

A bench headed by Chief Justice SA Bobde asked the petitioner to first go to the High Court. The court, meanwhile, expressed surprise at the deal, saying, "Never heard of a foreign government signing an agreement with a political party."

The petition was filed in the court by Delhi's lawyer Shashank Shekhar Jha and the editor of Goa Chronicle-operated Goa Chronicle, Savio Rodrigues. The petition said that this MoU raises concerns about national security and under the UAPA Act, the NIA or CBI should investigate it.