US Court to hear rights violation case against Congress on Jan 22

JALANDHAR: A New York Court has ordered pre-trial conference on January 22 in the pending human rights violation law suit against Congress (I) for organizing massacre of Sikhs in November 1984 after assassination of Prime Minster Indira Gandhi. The pre-trial conference will be held in New York Federal District Court. Incidentally the case is coming up when Indian Prime Minister Dr Manmohan Singh had said in his press conference on January 3 that UPA government had done quite a lot for the victims of November 1984 anti Sikh riots.

Judge Robert W. Sweet, of Southern District of New York, who ordered this pre-trial conference, also directed the counsels of rights group Sikhs For Justice (SFJ), who had filed the complaint and Congress (I) to appear for pre-trial hearing for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. The US Court order further states "this conference may not be adjourned without direction from the court. Failure to appear at the conference may result in termination of this action."

SFJ had earlier filed an amended complaint in November 2103 against ruling party of India for organizing "genocidal violence" against Sikhs in 1984. The rights violation lawsuit against Congress-I was filed under Alien Torts Statute (ATS) and Torture Victim Protection Act (TVPA) and is pending before the U.S. District Court for the Southern District of New York.

SFJ Legal Advisor Gurpatwant Singh Pannun informed that earlier the judge had ruled that Congress Party of India had been "properly served" with the summons in November 1984 Sikh Genocide case through Hague Service Convention as claimed by Sikh rights group. Since the filing of the law suit by "Sikhs For Justice" and victims of 1984, Congress party has been zealously challenging US Court's jurisdiction and the service of process.

The rights group's amended complaint included documentation showing the connection between Congress party of India and its US based affiliated organizations to qualify the pending human rights violations lawsuit for exercise of US Court's Jurisdiction as US Supreme Court ruled in Kioble case that foreign entities could be liable in US Court for atrocities committed overseas only under the limited circumstances.

Pannun said that while Indian PM had claimed that quote a lot was done for the victims of November 1984 then he should also explain that how justice was delivered to the victims when his party continued to patronize and protect the perpetrators of the massacre. "In the just concluded Delhi assembly election also Congress continued with the same policy and Congress leader Sajjan Kumar, who is already facing cases for involvement in killings of Sikhs, was rewarded with ticket to his son," he said.

"Due to continuous practice of impunity by the successive Indian governments towards the perpetrators of November 1984 killings the victims were forced to approach the US Court in pursuit of justice".