US court issues summons against Prime Minister Manmohan Singh

Discussion in 'Politics & Society' started by happy, Sep 26, 2013.

  1. happy

    happy Senior Member Senior Member

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    US court issues summons against Prime Minister Manmohan Singh - India - DNA

    As Prime Minister Manmohan Singh arrives here on a four-day visit, a Sikh rights group has secured summons against him from a US court in connection with the alleged human rights violations in the counter-insurgency operations in Punjab in the 1990s.

    The Sikh for Justice (SFJ), the New York-based rights body, is now planning to file an urgent leave "to effect alternative means of service" that would allow it to deliver the summons to the White House staff and members of Singh's security team when he is here. Prime Minister Singh arrives here today for a meeting with President Barack Obama.

    Knowledgeable sources said it would be very tough for the SFJ to serve summons to Singh given the tight security around him. There are also procedural difficulties for the SFJ to get the necessary court directions issued for the White House and the Secret Service.

    Ravi Batra, the New York-based attorney who represents the Congress Party in a similar case filed against it by the SFJ, termed it as a publicity gimmicks. "SFJ's 'red carpet' welcome, a lawsuit against Prime Minister Manmohan Singh, the leader of a free, independent and sovereign nation, is headline grabbing while insulting law, decency and common sense," Batra told PTI.

    "American courts have tools to handle an out-of-control litigant, whose main goal is to use the court's ministerial act of accepting a complaint, with the USD 350 filing fee paid and then automatically issuing a summons, to falsely imply in pre-made press releases that a Court had acted on some merits - when it did no such thing," Batra said.

    The 24-page complaint alleges that Singh as the Finance Minister in early 1990s approved and financed the practice of "cash rewards" to members of security forces for allegedly killing Sikhs through extra judicial means to curb militancy.

    The complaint also alleges that during his tenure as the Prime Minister beginning 2004, Singh actively shielded and protected the members of his political party who were allegedly involved in 1984 anti-Sikh riots. Sikh groups have announced to hold a "Justice Rally" tomorrow in front of White House during Obama-Singh meeting.

    Justifying the filing of lawsuit, SFJ's legal advisor Gurpatwant Singh Pannun said the human rights violation law suit against Singh has been filed under Alien Tort Claims Act and Torture Victim Protection Act for funding several counter insurgency operations in Punjab.
     
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  3. Bangalorean

    Bangalorean Stars and Ambassadors Stars and Ambassadors

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    Even though I hate the Gandhi family and the Congress, and I feel for those innocent Sikhs who were victimized in the Punjab operations, I cannot accept any action of this kind by US courts over the Prime Minister of India.

    I hope these fellows are shown their place, and India officially gives a "thenga" to the US court, interfering in what is really none of their business.
     
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  4. Ray

    Ray The Chairman Defence Professionals Moderator

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    The case has happened in India and it is in India where it has to be decided.

    And anyway, the PM surely has diplomatic immunity since he is there to address the UN, which is neutral ground.
     
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  5. happy

    happy Senior Member Senior Member

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    What exactly is America trying to project by allowing this to happen when MMS is on their soil???
     
  6. pmaitra

    pmaitra Moderator Moderator

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    Classic case of Judicial Activism and acting out of jurisdiction.
     
  7. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    US has no business poking its nose in India's Internal matters. Be it sonia's summons, MMS' summons or Modi's visa.

    Shame on those who try to internationalize India's internal matters. Who are we? Belize?
     
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  8. natarajan

    natarajan Senior Member Senior Member

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    but how media handles this compared to modi one
     
  9. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    US has no jurisdiction for this. However Congressis must be punished for the 1984.
     
  10. Abhijeet Dey

    Abhijeet Dey Regular Member

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    First Sonia Gandhi, now Manmohan Singh. Do these Sikh groups know anything about diplomatc immunity? When Libya's Muammar Gaddafi went to New York to address the UN and people protested, nothing happened.

    Plus US President Barack Obama has the power to over rule such decisions so this is a joke. I don't think those two acts mentioned (Alien Tort Claims Act and Torture Victim Protection Act) are strong enough.
     
  11. W.G.Ewald

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

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    The US government executive branch, as far as I know, has no control over what the US courts do. Also, as BG Ray says, MMS has immunity.
     
  12. Abhijeet Dey

    Abhijeet Dey Regular Member

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    Ha ha ha................ What will Americans do if PM does not respond? Bomb New Delhi or Operation Navy Seal. :rofl:
     
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  13. Keshav Murali

    Keshav Murali Back to studies :( Senior Member

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    They can do absolutely nothing. A court issued summons, it is highly *extremely* improbably for a court to have a private army. :)

    And it is none of their business either.
     
  14. asianobserve

    asianobserve Elite Member Elite Member

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    A summon is just a notice to appear in Court in a civil suit for a two-fold purpose: 1) acquire jurisdiction over the defendant; and 2) allow the defendant to explain his side. Appearance is accomplished if the defendant files an Answer to the complaint. But the defendant can also ignore the Court summon. In the latter case the Court will declare the defendant in default and will proceed on hearing the case on the basis of plaintiff's evidence.
     
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  15. happy

    happy Senior Member Senior Member

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    Correct.

    But it is hard to believe that the American Govt Executive branch has no control over courts.

    Atleast, they should have sensitized the respective judge about Indo-US relationships and that the Indian PM is going to be there on that particular day.

    This is either showing gross neglect and irresponsibility of the US Govt or a deliberate attempt to humiliate our PM.(not that he has any reputation other than that back home)
     
  16. asianobserve

    asianobserve Elite Member Elite Member

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    As Mr. Ewald says there is a separation of powers between the executive and the judiciary. The courts have their own processes that are beyond the control of the President. Notice how the US Supreme Court has ruled against several laws enacted by Congress and approved by the President? If the President interferes with Court processes then he may be impeached for high crime for abusing his authority or infringing on the powers of the judiciary.
     
    Last edited: Sep 26, 2013
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  17. W.G.Ewald

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

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    I should let @asianobserve's post serve as an adequate response, but the phrase about "sensitizing the judge" is something which approaches corruption of our system. Does the government of India sensitize its judges on cases? I hope not.
     
  18. The Messiah

    The Messiah Bow Before Me! Elite Member

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    This pleases me :)
     
  19. happy

    happy Senior Member Senior Member

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    I do not know it for a fact, but considering the various sequence of events, I think our judges are sensitized. That is one of the reasons why India is at the top of the world corruption index.:sad:
     
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  20. kseeker

    kseeker Retired

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    For the sake of argument, lets say, MMS appears in US court ! Would he ever going to open his sealed mouth ? Even in India, he keeps his mouth shut (majority of the times).

    [​IMG]
     
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