1984 Sikh riots: US judge orders to deliver summons to Sonia Gandhi

Discussion in 'Politics & Society' started by Daredevil, Sep 10, 2013.

  1. Daredevil

    Daredevil On Vacation! Administrator

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    1984 Sikh riots: US judge orders hospital staff, security agents to deliver summons to Sonia Gandhi

    JALANDHAR: A Sikh rights group has obtained an order from a US federal judge for delivery of summons to Congress party president Sonia Gandhi, who is in New York for medical treatment, through hospital staff or security personnel assigned to her, including special agents of the US Secret Service and FBI.

    The order was handed out by judge Brain M Cogan in a class action suit against Sonia Gandhi filed on September 3 by US-based rights group Sikhs For Justice along with some victims of the November 1984 anti-Sikh massacre under the Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA) for her role in shielding Congress leaders allegedly involved in inciting attacks on Sikhs in November 1984.

    Earlier, the Eastern District Court of New York (13 CV 4920) had served summons to Sonia Gandhi on September 3.

    The group, which had 120 days to deliver the summons and complaint to Sonia Gandhi, on Monday obtained ex parte orders from Judge Cogan for service of summons to the Congress president through the staff of Memorial Sloan-Kettering Cancer, where she is believed to be under medical care, or her security detail.

    The fresh order from Judge Cogan came after the Sikh rights group filed an emergency motion with the judge for leave to effect alternative means of service because the process servers retained to serve Gandhi could not reach her due to her heavy security detail.

    In the September 9 order, the judge directed that the summons and complaint on Sonia Gandhi be served by delivering a copy to the hospital administration or staff at the hospital where she is believed to be under treatment or to any of the security agents assigned to Sonia Gandhi during her stay in New York, including the US State Department detail, special agents of the Secret Service, special agents of the Federal Bureau of Investigation, officers of the NY State Police, officers of NYPD and members of any private security details. The judge's order further directs the hospital and security staff to give summons and complaint to Sonia Gandhi.

    SFJ filed the motion contending that Sonia Gandhi was a foreigner and a high profile political figure and was the subject of heavy security. "The personal service of summons as required by section308(1), (2), (4) of CPLR is impracticable and plaintiffs be granted permission to effect service through alternate means," its motion said.

    The groups's legal advisor Gurpatwant Singh Pannun said, "The latest order of the court directing the members of US security agencies who are deputed with Sonia Gandhi while she is in US for medical treatment to give the summons and complaint to the Congress president is a clear message to those who believe that they could evade US court summons by virtue of their high political positions".

    "This underlines the difference between the justice delivery system of India and US," he added.

    In the lawsuit filed against Sonia Gandhi, the Sikh group is seeking compensatory and punitive damages for the victims of the 1984 riots from Sonia Gandhi for her role in shielding Kamal Nath, Sajjan Kumar, Jagdish Tytler and other Congress leaders who were allegedly involved in the violence.

    1984 Sikh riots: US judge orders hospital staff, security agents to deliver summons to Sonia Gandhi - The Times of India
     
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  3. sob

    sob Moderator Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    She is in US and is expected back any day. so far she has not been served the summons and I think that the US govt. will ensure that she is not served the summons.
     
  4. Daredevil

    Daredevil On Vacation! Administrator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    I think so too. But the summons limit her visit to US & her treatment.
     
  5. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    I don't think the US will have the gumption to hold her back in the US.

    There will be hell to pay in so far as the US India relationship and MMS will have mud in his face for his love for the US - Mr Bush, India loves you!
     
  6. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh


    She is still a Big Dad of Indian politics.

    'If the mountain will not come to Muhammad, then Muhammad must go to the mountain'
     
  7. Abhijeet Dey

    Abhijeet Dey Regular Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    To protect relations between India & US, President Barack Obama who is the judicial head may overturn this verdict by the concerned Judge.

    The President has the power to grant reprieves (temporary delays in punishment) and pardons (complete forgiveness of a crime and its punishment).

    Link:
    en.wikipedia.org/wiki/Powers_of_the_President_of_the_United_States
     
  8. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    US authorities can only take action if summon is handed over to her or her agent physically within US territory. This is a loop hole because no one without security clearance will be allowed in and thus the authorities wont be compelled by law to take action.

    Moreover they dont have audacity and how did that court get jurisdiction over this matter ? nonsense
     
  9. Bilal

    Bilal Regular Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    sonia gandhi is no good sorry but its true.
     
  10. W.G.Ewald

    W.G.Ewald Defence Professionals/ DFI member of 2 Defence Professionals

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    I believe that even after a summons is served, there may be other legal bars to forcing her to appear in a court to answer it.

    [Any lawyers on DFI?]

    I would like to read the summons to believe this:

     
    Last edited: Sep 11, 2013
  11. pmaitra

    pmaitra Moderator Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    Depends how it works. It all boils down to which territory you are on, what treaties exist, whether the parties involved are willing to honour the treaties, international law, and diplomatic considerations, of course.

    For example, Russian nationals extradited by other countries to the US is seen as abduction by Russia (example Victor Bout). If Sonia Gandhi is arrested, the Indian government could charge the US Federal Court of abduction and assisting abduction of an Indian national. However, a charge is a charge, and if on foreign territory, there is little one can do. There is always room to wait for a high profile US national to arrive in India, and retaliate.
     
  12. pmaitra

    pmaitra Moderator Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    At least two I know of: @sayareakd @The Messiah
     
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  13. Eesh

    Eesh Regular Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    Arrest on own soil cannot be remotely called an abduction.

    There have been many occasions for retaliation, but India never had the courage.
     
  14. Compersion

    Compersion Senior Member Senior Member

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    What passport does she use. Is it diplomatic (immunity). Is it Indian (sovereignty). How long will she be in USA (jurisdiction).

    These are legal questions. She will return to India. Why is she in USA.

    Nothing will happen. Its too sensitive and frankly the summons has greater meaning what meets the eye. And if she is in USA for treatment it would be advised not to proceed with delivery of summons. The message has been delivered by mass media (this does not make it legal).

    Who is behind the summons. Were any other Congress leaders named in summons.
     
  15. parijataka

    parijataka Senior Member Senior Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    More on this.

     
    Last edited: Sep 11, 2013
  16. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    I wonder how one could say Sonia Gandhi could be responsible for the riots.

    She was then a mere housewife or so I believe and Rajiv Gandhi was still a mere pilot!

    A weak case that should have been thrown out of the window by the US Court.
     
  17. parijataka

    parijataka Senior Member Senior Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    Interview with Harvinder Singh Phoolka, the lawyer who has been pursuing these cases for the last 29 years, from `The Hindu`.

    ‘Guilty Congressmen being shamelessly protected’

    [​IMG]
    Harvinder Singh Phoolka
    [hr][/hr]

    ‘The government should realise that if such organisations are using this issue to further their separatist goals then why not address it properly, instead of giving it to them to exploit?’

    A U.S. court has issued summons to Congress President Sonia Gandhi on a complaint by a radical Sikh group, “Sikhs for Justice” (SFJ), that is seeking compensatory and punitive damages from her for protecting prominent Congressmen allegedly involved in engineering the anti-Sikh riots of 1984. Harvinder Singh Phoolka, the lawyer who has single-handedly been pursuing these cases with a missionary zeal for the last 29 years, speaks to The Hindu on whether this is the right approach to be taken to bring the guilty to book. Excerpts:

    “Sikhs for Justice” argues that Ms Sonia Gandhi is guilty of protecting those responsible for the 1984 riots. Do you agree?

    She definitely is. As president of the Congress party, she has given people like Kamal Nath and Jagdish Tytler high positions in the government and party, despite there being serious allegations against them. She may not have been party president in 1984 but in subsequent years she has gone out of her way to ensure that these people escape the law.

    Because the current campaign to ambush Congress leaders with civil suits on the 1984 riots in foreign courts is run by radical Sikh organisations, some feel that the issue should be ignored because those who are pursuing it have a larger separatist agenda.

    I think it should be viewed in reverse. The government should realise that if such organisations are using this issue to further their separatist goals then why not address it properly, instead of giving it to them to exploit? To say the riot victims’ quest for justice somehow becomes less important because the SFJ has taken it up strongly is wrong. The government is providing these organisations with an opportunity to use it.

    The strategy of the SFJ and some other expatriate Sikh organisations is to embarrass the Congress’s leaders internationally, when they go abroad. Do you think this is the right approach?

    As far as the issue of the 1984 anti-Sikh riots is concerned, these leaders have become so thick-skinned that nothing affects them anymore. They are shamelessly protecting the guilty Congressmen. Therefore, they should be prepared to face this shame before the outside world.

    How is the government shielding these people?

    We have evidence to show that all these years there has been a massive cover-up to protect the guilty. Is it possible for a cover-up to happen without the knowledge of the party president?

    What kind of cover-up?

    Former Congress MP Sajjan Kumar is an accused in the murder of four Sikhs. The FIR was registered in 1987 in the Nangloi police station and after five years the charge sheet was prepared. Despite the ACP and IO saying that there is enough evidence against Sajjan Kumar to try him, this charge sheet has still not been filed in court.

    When there was a hue and cry in the media, he was not given a ticket for the 2009 election but his brother was given one and he himself holds a powerful position in the party.

    Take the case of Kamal Nath, a senior minister in her government. Despite media reports and affidavits given by eyewitnesses including one by a senior independent journalist now based in London, that Kamal Nath led a mob of rioters that burnt down Gurudwara Rakabganj, no case has been registered against him. What more evidence do you need to register a case?

    That amounts to inaction by the police. Are you saying that Sonia Gandhi should have intervened in the police investigation?

    She is responsible for the police’s inaction. It is her party that is running the government. The officer responsible for much of the cover-up is today a DCP in the Prime Minister’s Office. This issue has been raised three times in Parliament. How can she not know?

    She could have ensured that the police did its job and at least filed the missing charge sheet against Sajjan Kumar. Twice the government gave a clean chit to Mr. Tytler and both times the court rejected it.

    I will say that she is intervening to give these men powerful posts and positions. Let her come out and say that she gave them important positions without knowing about their deeds in 1984. She needs to protect these people because the entire Congress party was complicit at that time.

    Prime Minister Manmohan Singh has apologised in Parliament for the 1984 riots. Has that assuaged hurt sentiments somehow?

    If an apology is as good as a conviction by the courts, then I would ask the government to change the law. Justice for the 1984 riot victims is an issue of upholding the law of the land. The law states that a person who has been witnessed committing a murder needs to be charged and tried. If you do not want to uphold the law and want to protect the murderers, then why not change the law?

    You have always pointed out the differences between how cases of Muslim victims of the Gujarat riots were dealt with and the cases of Sikhs killed in 1984. Did the Bharatiya Janata Party also let you down in pursuing these cases?

    In Gujarat, where 1,100 people were killed, the Congress took up the riots issue with such conviction and zeal that it led to 130 convictions, 10 death sentences and the conviction of one minister, Maya Kodnani. In the 1984 cases, where 3,000 people were killed in Delhi alone there have been only 30 convictions so far and all are inconsequent[ial] persons.

    The BJP supports and helps me on this issue but not with the same zeal as shown by the Congress for the Gujarat riots. The BJP has never adopted it as its own issue and sees it more as a Sikh issue. They expect that I should go to the Akali Dal for assistance. Most often, the BJP uses the 1984 riots to counter allegations on the Gujarat riots.

    I am ready to collaborate with any party for this. Even if Sonia Gandhi says that she will ensure justice for these Sikhs, I will stand with her. I have also collaborated with the so-called radical SFJ to seek out witnesses. My association with them is limited to this issue. I am not concerned with their ideological stance.
     
    Last edited: Sep 11, 2013
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  18. Himanshu Pandey

    Himanshu Pandey Regular Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    I am completely against the filing of case in US court.. first it is not under the territory covered by US court.. then its not done by US citizens neither US citizens got murdered. I hate congress and will be a happy human with sonia and whole gandhi family in jail but she is leader of ruling party of India and an MP of India... its completely under the Indian courts should they summon her, hang her or pardon her.

    USA and its small mind over puffed judges are putting their nose where it doesn't not belong.. I would have been more happy if these 1984 justice seekers has raised voice against sikh massacre recently happened in USA and filed a case against obama and US administration for failing to support them.

    first USA denied visa to modi and now its court summoned Sonia .... I hink USA is fast outliving its usefulness and acceptance in India and will force India to join the group of nations who are against USA.
     
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  19. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    I hope some Indian Muslim files a case in India against Bush and his cohorts for killing 'defenceless' Muslims.

    Then the circus will begin.

    I wonder why we are so keen that US Courts decide our issues.

    Wasn't there a letter written by MPs against Modi to the US authorities?
     
  20. parijataka

    parijataka Senior Member Senior Member

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    Agree - Sonia should be tried in Indian courts,
     
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  21. Ray

    Ray The Chairman Defence Professionals Moderator

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    Re: 1984 Sikh riots: US judge orders to deliver summons to Sonia Gandh

    But, try her for what?
     

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