Congress questions US court's jurisdiction in '84 Sikhs massacre case

Discussion in 'Politics & Society' started by Oracle, May 10, 2012.

  1. Oracle

    Oracle New Member

    Mar 31, 2010
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    Bangalore, India
    The Congress party, which has been named in a case in New York for its alleged role in the 1984 anti-Sikh riots, has challenged the jurisdiction of an American court to hear the matter filed against it by a Sikh advocacy group.

    United States judge Robert Sweet of the New York federal court heard oral arguments on Wednesday in the case filed by Sikhs For Justice on the issues of service, jurisdiction and the Congress party's failure to respond to the summons in the case.

    Sweet said the Congress party has not filed any defence on the merits of the allegations of conspiring, aiding, abetting, organising and carrying out the attacks on Sikhs in November 1984.

    It has, however, challenged the US court's jurisdiction to hear the 1984 Sikh genocide case.

    Attorneys from the Jones Day law firm representing the Congress party argued that under the Alien Tort Claims Act, a "corporation" cannot be sued for human rights violations by its members.

    Lawyers for the victims argued there is difference between the status of a "corporation" and "political organisation".

    The SFJ said since the Congress party is taking the defence that a political party cannot be sued under Alien Tort Claims Act, the victims will amend the complaint to include the names of United Progressive Alliance Chairperson Sonia Gandhi and national leadership of the party in their capacity as president and office-bearers.

    Jones Day's attorneys further said service of summons on the party through Hague Convention is flawed because the party's headquarters in New Delhi did not receive the summons and complaint.

    Jones Day's attorneys said serving summons last year on the president of the Indian National Overseas Congress in New Yori, Surinder Malhotra, was inappropriate as the Congress party has no relationship with the INOC and Malhotra is not authorised to act on behalf of the Congress.

    The SFJ's lawyers said they have submitted evidence to the US court showing that summons and complaint was delivered in March 2011 to the central authority in Delhi, established by the Indian government for receiving and serving judicial documents from foreign courts as required by the Hague Service Convention of 1965.

    Under Article 15 of the Hague Convention on Service Abroad, which has been signed by India and the US, service is considered complete once copy of summons and complaint is delivered to the central authority, the SFJ's lawyers said.

    The SFJ's attorneys presented evidence showing that after receipt and acknowledgement of the summons in March 2011, the Congress took a series of legal actions to defend itself against the claims of human rights violations.

    Sikhs for Justice, along with victims of the Sikh riots, had filed a complaint in March 2011 under Alien Tort Claims Act and Torture Victim Protection Act against the Congress party for conspiring, aiding, abetting, organising and carrying out attacks on the Sikh community in November 1984.

  3. pmaitra

    pmaitra Moderator Moderator

    Mar 10, 2009
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    EST, USA
    How about congress quit dragging its feet in delivering justice while at the same time asking US courts not to pass judgments on an Indian matter?
    Nagraj and W.G.Ewald like this.
  4. Blackwater

    Blackwater Veteran Member Veteran Member

    Jan 9, 2012
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    Akhand Bharat
    i trust american judicial system more than Indians. 30 yrs on Indian judicial system still has to give saja to sajjan and jagdish:mad::mad:
  5. sob

    sob Moderator Moderator

    May 4, 2009
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    New Delhi
    The same party was very happy when namo was denied US visa, and now they are unhappy. What double standards. If Congress has not been able to reconcile themselves and the nation to 1984 riots then how the hell can they preach about Gujarat.
  6. The Messiah

    The Messiah Bow Before Me! Elite Member

    Aug 25, 2010
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    Although sikhs should get justice and congress leaders charged should be punished yet the yanks have no jurisdiction in this matter.
    Nagraj, parijataka and W.G.Ewald like this.
  7. trackwhack

    trackwhack Tihar Jail Banned

    Jul 20, 2011
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    The Sikhs that are baying for blood are the ones that have abandoned the country and left. They are all holed up in Europe and North America and keep inciting separatists without any clamp down by the respective local authorities.

    Congress is a disgrace as is our famed judiciary!
    parijataka likes this.
  8. Godless-Kafir

    Godless-Kafir DFI Buddha Senior Member

    Aug 21, 2010
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    Can they even run a case of riots happening in a foreign country? Should they not go to UN or Geneva or something for that?
  9. KS

    KS Bye bye DFI Veteran Member

    Aug 3, 2010
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    Happy for visa denial for Modi...Livid at mention of 1984 riots....... #Hypocrisy.

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