US court summons Congress party on 1984 riots case

LurkerBaba

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They will not enforce their judgement beyond the borders of the USA but the US courts can punish the Congress, taking into account any assets the Congress Party holds in the US, as they see fit.
This pleases me greatly !
 
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mayfair

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They will not enforce their judgement beyond the borders of the USA but the US courts can punish the Congress, taking into account any assets the Congress Party holds in the US, as they see fit.
That would be a most welcome step. Travel injunctions, confiscation of assets of the Congress bigwigs would be most satisfying.
 

Tronic

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That would be a most welcome step. Travel injunctions, confiscation of assets of the Congress bigwigs would be most satisfying.
It would be a good deterrent for future Indian parties to remain clean. Though, we can only really say what can happen, not necessarily what will happen. Geo-politics eventually changes the entire game; just like the Pakistanis now playing against the US in response to the ISI being summoned by US courts for the Mumbai attacks. We can probably assume a similar back channel response by the Congress to the US.
 

pmaitra

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This is indeed appalling that some Indians can support this blatant breach of jurisdiction, or attempt thereof, on the part of a US court, to (possibly) freeze properties owned by Congress in the US. Would these very persons advocate freezing of US Republican Party or its members' properties in India for all the lies about WMD and the invasion of Iraq?

Is it a surprise that India was ruled by foreigners for so many years? In fact, it is a bigger surprise that India is still united today. When India should be united, we have this petty politics going on! Whoever gave the right to the US court to judge an Indian Party? For that matter, who is the US court to provide a deterrent?

I wonder what the opposition has to say today, some of the supporters of which display an amazing sense of alacrity in doling out certificates of patriotism, or lack thereof, to others.

Let's see if all Indians can stand united on this issue.

Some of the posts indeed paint a very disappointing picture.

Hang on: Read further:
This is not a defense of the anti-Sikh pogroms of 1984. So if you are responding to this message, for Heaven's sake, do not respond with statements such as, but not limited to, "So should the guilty Congress leaders not be punished?", "Are you ignoring what happened to the Sikhs?", "Are you shielding those responsible for the anti-Sikh pogroms?" Read post #2 before responding.

I am mentioning this because I have learnt to expect such retorts, often infused with soulful flights of fancy, although hoping I am not.
 
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mayfair

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This is indeed appalling that some Indians can support this blatant breach of jurisdiction, or attempt thereof, on the part of a US court, to (possibly) freeze properties owned by Congress in the US. Would these very persons advocate freezing of US Republican Party or its members' properties in India for all the lies about WMD and the invasion of Iraq?

Is it a surprise that India was ruled by foreigners for so many years? In fact, it is a bigger surprise that India is still united today. When India should be united, we have this petty politics going on! Whoever gave the right to the US court to judge an Indian Party? For that matter, who is the US court to provide a deterrent?

I wonder what the opposition has to say today, some of the supporters of which display an amazing sense of alacrity in doling out certificates of patriotism, or lack thereof, to others.

Let's see if all Indians can stand united on this issue.

Some of the posts indeed paint a very disappointing picture.

Hang on: Read further:
This is not a defense of the anti-Sikh pogroms of 1984. So if you are responding to this message, for Heaven's sake, do not respond with statements such as, but not limited to, "So should the guilty Congress leaders not be punished?", "Are you ignoring what happened to the Sikhs?", "Are you shielding those responsible for the anti-Sikh pogroms?" Read post #2 before responding.

I am mentioning this because I have learnt to expect such retorts, often infused with soulful flights of fancy, although hoping I am not.
pmaitra, we are debating the merits of the position taken up by the US courts. I believe most of us are united in the view that US courts or justice system has NO jurisdiction over Indian legal matters. Therefore, their summons are not only uncalled for but also unwelcome and worthy of scorn and contempt.

However, they are well within their rights to initiate actions against the the US-held assets of those, whose actions (wherever they maybe) render their possession of any material wealth in US non-tenable and their visits to US non-desirable, if THEIR (US) laws permit so or actively call for such an action. If a foreign citizen acquires assets in the US they must comply with all laws pertaining to those assets, so if US feels that such assets can be impounded or frozen since they belong to those who contravene American laws, they are well within their rights to do so. Of course, the aggrieved parties are within their rights to appeal this decision in US courts, where Indian law will have no jurisdiction.

I wonder if the calls for unity were as vocal and strong when one democratically elected Chief minister was denied a visa to visit UK and US and there were plenty of gloating and smug comments in our "united" media.
 

pmaitra

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pmaitra, we are debating the merits of the position taken up by the US courts. I believe most of us are united in the view that US courts or justice system has NO jurisdiction over Indian legal matters. Therefore, their summons are not only uncalled for but also unwelcome and worthy of scorn and contempt.

However, they are well within their rights to initiate actions against the the US-held assets of those, whose actions (wherever they maybe) render their possession of any material wealth in US non-tenable and their visits to US non-desirable, if THEIR (US) laws permit so or actively call for such an action. If a foreign citizen acquires assets in the US they must comply with all laws pertaining to those assets, so if US feels that such assets can be impounded or frozen since they belong to those who contravene American laws, they are well within their rights to do so. Of course, the aggrieved parties are within their rights to appeal this decision in US courts, where Indian law will have no jurisdiction.
Thank you very much indeed. I am getting the impression that it could be a 'welcome step' (perhaps for some) or a matter of pleasure (perhaps for some) if assets of Congress in the US were frozen. You may call it debating the merits of the position US courts, I don't. Sorry if it hurts anyone's sentiments.

I wonder if the calls for unity were as vocal and strong when one democratically elected Chief minister was denied a visa to visit UK and US and there were plenty of gloating and smug comments in our "united" media.
It was not. It should have been. I would reiterate, despite being a strong critic of Modi myself, that all Indians must be united if foreign countries try to poke their noses into our business.

P.S.: I took great offense when this happened: India slams US body's criticism on religious freedom. My point is that, we have to correct ourselves. We shall not let others dictate terms at us. Hope that will allay some of your fears about my position.
 
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mayfair

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Thank you very much indeed. I am getting the impression that it could be a 'welcome step' (perhaps for some) if assets of Congress in the US were frozen. You may call it debating the merits of the position US courts, I don't. Sorry if it hurts anyone's sentiments.
No sentiments hurt, not mine at least. Yes I agree that freezing of individual assets of some Indians who chose to acquire them in US do not bother me at all. However, I'll fight tooth and nail in their corner if this was illegal or unjustified and US law was wrong. I vehemently oppose any attempts by US to interfere in our justice system, however, flawed it may be. I only wish our government and some "esteemed individuals" would share similar thoughts when they permitted EU observers to Binayak Sen's trial or supported calls for International court of justice or UN Human rights commission to interfere in the judicial process.

It was not. It should have been. I would reiterate, despite being a strong critic of Modi myself, that all Indians must be united if foreign countries try to poke their noses into our business.
I agree with your views, however, the powers that be seemed not to share this perception. Now it seems some of it may come to bite them on their arse..what say karma can be a bitch
 

Tronic

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I wonder if the calls for unity were as vocal and strong when one democratically elected Chief minister was denied a visa to visit UK and US and there were plenty of gloating and smug comments in our "united" media.
Good point.

This is indeed appalling that some Indians can support this blatant breach of jurisdiction, or attempt thereof, on the part of a US court, to (possibly) freeze properties owned by Congress in the US. Would these very persons advocate freezing of US Republican Party or its members' properties in India for all the lies about WMD and the invasion of Iraq?

Is it a surprise that India was ruled by foreigners for so many years? In fact, it is a bigger surprise that India is still united today. When India should be united, we have this petty politics going on! Whoever gave the right to the US court to judge an Indian Party? For that matter, who is the US court to provide a deterrent?

I wonder what the opposition has to say today, some of the supporters of which display an amazing sense of alacrity in doling out certificates of patriotism, or lack thereof, to others.

Let's see if all Indians can stand united on this issue.

Some of the posts indeed paint a very disappointing picture.

Hang on: Read further:
This is not a defense of the anti-Sikh pogroms of 1984. So if you are responding to this message, for Heaven's sake, do not respond with statements such as, but not limited to, "So should the guilty Congress leaders not be punished?", "Are you ignoring what happened to the Sikhs?", "Are you shielding those responsible for the anti-Sikh pogroms?" Read post #2 before responding.

I am mentioning this because I have learnt to expect such retorts, often infused with soulful flights of fancy, although hoping I am not.
I understand where you're coming from. But you must also see the other side. Patience waiting for Indian justice has been wearing thin. Note the difference in vigour Congress went after '02 Gujarat and compare it with what they have done for '84 Delhi.

Also pmaitra, sometimes what happens in your backyard is of bigger concern to you than say, WMDs in Iraq. Discovery of a mass grave of Sikhs in Harayana is more disturbing, atleast to me, than anything else posted in this thread. I would rather invite pressure from any willing party in the world to bring to light such disturbing facts and get the powers in Delhi moving to put an end to this story once and for all.
 

Tronic

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P.S.: I took great offense when this happened: India slams US body's criticism on religious freedom. My point is that, we have to correct ourselves. We shall not let others dictate terms at us. Hope that will allay some of your fears about my position.
I agree with you pmaitra, but what steps have we taken to correct ourselves? My point is that it has been almost 30 years yet we are still standing at the same place. I have no qualms with us taking the initiative to solve things for ourselves, but we have such parties leading this nation who have committed gruesome crimes that they will not fully expose each other fearing their own skeletons in the closet. We have not moved anywhere, we are sitting in the same exact place. Had we been moving in some sort of a direction the past 30 years, I would be more sympathetic to your view, but we are not, hence, the requirement for somebody to dictate to the powers in Delhi.
 
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pmaitra

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I appended post #25 and included a link. The US watchdog USCIRF was slammed by India when Congress was in power, despite that fact that the Gujarat riots, in which many BJP leaders were/are accused, was one of the agenda of USCIRF.

No sentiments hurt, not mine at least. Yes I agree that freezing of individual assets of some Indians who chose to acquire them in US do not bother me at all. However, I'll fight tooth and nail in their corner if this was illegal or unjustified and US law was wrong. I vehemently oppose any attempts by US to interfere in our justice system, however, flawed it may be. I only wish our government and some "esteemed individuals" would share similar thoughts when they permitted EU observers to Binayak Sen's trial or supported calls for International court of justice or UN Human rights commission to interfere in the judicial process.



I agree with your views, however, the powers that be seemed not to share this perception. Now it seems some of it may come to bite them on their arse..what say karma can be a bitch
Thanks for your candid points Mayfair. If I may, I would simply state that neither do I derive pleasure, nor welcome, anything that gives a hint of some foreign entity dictating terms at us. I am not a citizen of the British Indian Empire, I am a citizen of the Republic of India. This message has to go out clearly to all. This is my humble yet emphatic view.


Good point.



I understand where you're coming from. But you must also see the other side. Patience waiting for Indian justice has been wearing thin. Note the difference in vigour Congress went after '02 Gujarat and compare it with what they have done for '84 Delhi.

Also pmaitra, sometimes what happens in your backyard is of bigger concern to you than say, WMDs in Iraq. Discovery of a mass grave of Sikhs in Harayana is more disturbing, atleast to me, than anything else posted in this thread. I would rather invite pressure from any willing party in the world to bring to light such disturbing facts and get the powers in Delhi moving to put an end to this story once and for all.
No, not only to you Tronic, to me as well, and many others. As I said in post #25, I am not defending the anti-Sikh pogroms. I simply beg to differ with the perception that someone from outside will have to tell us to do what we should be able to do. If you feel the current UPA is dragging its feet on it, sure criticize it. Let MMS do something about it (hope you are getting the implied jab here).


I agree with you pmaitra, but what steps have we taken to correct ourselves? My point is that it has been almost 30 years yet we are still standing at the same place. I have no qualms with us taking the initiative to solve things for ourselves, but we have such parties leading this nation who have committed gruesome crimes that they will not fully expose each other fearing their own skeletons in the closet. We have not moved anywhere, we are sitting in the same exact place. Had we been moving in some sort of a direction the past 30 years, I would be more sympathetic to your view, but we are not, hence, the requirement for somebody to dictate to the powers in Delhi.
Totally agree. We should not have dragged our feet for 30 years. Whoever is in power (or was in power), should expedite the justice that was delayed (and hence, so far denied).
 
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mayfair

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I appended post #25 and included a link. The US watchdog USCIRF was slammed by India when Congress was in power, despite that fact that the Gujarat riots, in which many BJP leaders were/are accused, was one of the agenda of USCIRF.
Which is the right thing to do, because USCIRF has no business interfering in our legal system. However, the same Congress led government spoke nary a word about Modi being denied a visa. The difference between individual and the nation was clearly demarcated.

Thanks for your candid points Mayfair. If I may, I would simply state that neither do I derive pleasure, nor welcome, anything that gives a hint of some foreign entity dictating terms at us. I am not a citizen of the British Indian Empire, I am a citizen of the Republic of India. This message has to go out clearly to all. This is my humble yet emphatic view.
Eloquent as always pmaitra. A view which I completely agree with and share.

No, not only to you Tronic, to me as well, and many others. As I said in post #25, I am not defending the anti-Sikh pogroms. I simply beg to differ with the perception that someone from outside will have to tell us to do what we should be able to do. If you feel the current UPA is dragging its feet on it, sure criticize it. Let MMS do something about it (hope you are getting the implied jab here).
Again agree. I have made it quite clear where I stand on US interfering with our legal process. They have no right to tell us what to do and to suggest otherwise is something I wholly disagree with.

Totally agree. We should not have dragged our feet for 30 years. Whoever is in power (or was in power), should expedite the justice that was delayed (and hence, so far denied).
That's our problem to discuss and think solutions about. As you said, we don not need US telling us what to do.
 

Tronic

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No, not only to you Tronic, to me as well, and many others. As I said in post #25, I am not defending the anti-Sikh pogroms. I simply beg to differ with the perception that someone from outside will have to tell us to do what we should be able to do. If you feel the current UPA is dragging its feet on it, sure criticize it. Let MMS do something about it (hope you are getting the implied jab here).

Totally agree. We should not have dragged our feet for 30 years. Whoever is in power (or was in power), should expedite the justice that was delayed (and hence, so far denied).
pmaitra, it has been an ongoing process. Never have the pleading for justice in Delhi stopped. When the CBI itself files false reports to close the cases against the culprits, only to be reopened after media pressure, how exactly can you expect justice to be delivered by such powers? I frankly will be very surprised, if justice is delivered by the Indian judicial system for the '84 pogroms. Hence, I think whatever defamation is done to the Congress by the US is well deserved.
 

pmaitra

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pmaitra, it has been an ongoing process. Never have the pleading for justice in Delhi stopped. When the CBI itself files false reports to close the cases against the culprits, only to be reopened after media pressure, how exactly can you expect justice to be delivered by such powers? I frankly will be very surprised, if justice is delivered by the Indian judicial system for the '84 pogroms. Hence, I think whatever defamation is done to the Congress by the US is well deserved.
@Tronic

Yes, indeed, Congress needs to pull up its socks. The name that comes to my mind first is that of Tytler, but there are many more. When we have such low level politics going on in India, with every political party trying to score brownie points against the others, political hijacking of the CBI by whosoever is in power and the subsequent loss of faith in the administration and the government by the general public, the state of affairs does not at all paint a rosy picture.

Justice delayed for 30 years is far too long to be condoned. The culprits should have been caught and verdict delivered within, at most, five years. The Congress may sport MMS as a minority PM, but his being a PM (read Sikh PM) or not is not as important as delivering justice for the anti-Sikh pogroms.

@Mayfair

I sincerely appreciate your generous eulogies. I deserve much less.
 
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tarunraju

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This is indeed appalling that some Indians can support this blatant breach of jurisdiction, or attempt thereof, on the part of a US court, to (possibly) freeze properties owned by Congress in the US.
No, that's not beach of jurisdiction. US is well within its jurisdiction to freeze Congress assets in the US. US Government will defend the interests of, and dispense justice to its citizens. In this case, they are Sikh US citizens who are victims of the 1984 anti-Sikh riots widely believed to be orchestrated by the Congress.

There's no breach of international law there. If US wants, it can even drag Congress party to ICJ over anti-Sikh riots. Similarly, if our government and judiciary has the testicles, it can have Warren Anderson summoned to Indian courts over Bhopal Gas Tragedy case. It's well within its right to do that. Yet, to stay in the investors' good books, the government is undermining the justice of Bhopal victims.

Just because our government lacks the will to persecute Warren Anderson, doesn't mean it can't, it doesn't even mean that US government can't go after Sonia Gandhi.

Would these very persons advocate freezing of US Republican Party or its members' properties in India for all the lies about WMD and the invasion of Iraq?
File a petition in an Indian court to find out, whether our government has the guts to freeze US citizens' properties in India. Legally, it can.
 

Ray

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The US can impose sanctions, freeze accounts, impose travel restrictions etc.

This is a globalist world. India is a huge market. The US is going through calamitous times. And the US understands and trust the greenbacks more than they Trust in God, even though it maybe on their currency.

Therefore.........?

China has made progress in all fields and are closing the gap.

India is US' sole bulwark in the fields of economic and military challenges to ease the pressure of carrying the world on its shoulders.

Therefore.......?

The US courts can cry themselves hoarse, but will their Administration?

Our Supreme Court is on an activist mode. There is still hope. The political arena is in a turmoil because the Nation is now also in an activist mode. The politicians will have to tread with less brazen shamelessness. Already a tainted Minister of Sheila Dixit is on the way out since the Lokayukt has found him to be a scamster. Therefore, there is hope.

One is not too sure still if the riot leaders will be brought to book and put on the mat. The legal procedure has great escape routes inbuilt in it and the investigating agencies are but lotus eaters and practically of the panhandler class.

That apart, we are Indians and we are a sovereign country. That is an indisputable fact. Our vassaldom ceased in 1947.

Therefore, whatever is the state of our country, we will not brook dictates from any other country and be demeaned in the manner Pakistan is being demeaned by the US.

A line from Tagore should be our caution - One can be pleasant even to the enemy - through a lack of character!

One understand the anger of the Sikhs but the Sikhs have never hesitated to fight for their rights throughout history. Therefore, they should stand as a class that requires no help from foreigners and instead fight their own battles in their own country. Sikh history, as far as I know, has no reference to assistance from foreigners to build their Kingdom or fight for Justice.

Guru Gobind Singh's sons were walled up alive by the Muslim emperor in retribution for not being able to tackle Guru Gobind Singh and because they refused to renounce their faith. The Sikhs did not ask for external help which they could have, their being other non Muslim Kings within the ambit of India, who were not amenable to the Muslim Emperor.

Therefore, I am sure the Sikhs and Indians will get justice in India. It require a more resolute approach.
 

Ray

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Cuba nationalised all US assets.

They suffered and that is true.

But they refused to be another vassal of the US.

We, as Indians, do not have to be vassals either!

The only catch is that India is run by the business houses!

And the business houses runs the Indian economy and budget and national expenditure and national projects!

And the business houses have big money all over the western world and if it is frozen, then it is Quo Vadis India?
 
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pmaitra

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No, that's not beach of jurisdiction. US is well within its jurisdiction to freeze Congress assets in the US. US Government will defend the interests of, and dispense justice to its citizens. In this case, they are Sikh US citizens who are victims of the 1984 anti-Sikh riots widely believed to be orchestrated by the Congress.
The US has no jurisdiction over what happened in India. Yes, crime was committed. It happened in India. It is under Indian law and not under US law that one may seek redressal. I am not aware that any US citizen was killed in the anti-Sikh pogrom, however, even if that is the case, it comes under Indian law.

Similarly, if an Indian citizen is a victim of any crime in the US, it comes under US law, not Indian law.

Note: The US court may be legally capable of freezing assets of any Indian political party, to do so, it has to first pass a judgement on something, in this case, the anti-Sikh pogroms. Can it pass a judgement? Technically yes, but given the circumstances, I do not know.

Nevertheless, and the point I am trying to make is, any such judgement is not binding on India, regardless what the US court decides to do within the territories of US. There are legal provisions laid down with regards to awards handed down by foreign courts and detailed in Sections 46, 48, 49, 55, 57 and 58 of The Arbitration and Conciliation Act, 1996 (http://indiacode.nic.in/). [this also includes rules w.r.t. India being a signatory of the Geneva Conventions]

I am talking of jurisprudence, jurisdiction or judicial competence of US courts. Not to be confused with what a US court can do in the US.

There's no breach of international law there. If US wants, it can even drag Congress party to ICJ over anti-Sikh riots. Similarly, if our government and judiciary has the testicles, it can have Warren Anderson summoned to Indian courts over Bhopal Gas Tragedy case. It's well within its right to do that. Yet, to stay in the investors' good books, the government is undermining the justice of Bhopal victims.
Response is same as above. Indian law is supreme in India. Any other law, whether International or US does not take precedence over Indian law.

Just because our government lacks the will to persecute Warren Anderson, doesn't mean it can't, it doesn't even mean that US government can't go after Sonia Gandhi.
Yes, it can issue summons. That is all it can do. It cannot get him arrested unless a US court allows it. Of course, it can freeze properties owned by foreign nationals in India.

File a petition in an Indian court to find out, whether our government has the guts to freeze US citizens' properties in India. Legally, it can.
Thanks for the suggestion. I don't think I have the wherewithal to do that. I'll take your word for it.
 
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Tronic

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One understand the anger of the Sikhs but the Sikhs have never hesitated to fight for their rights throughout history. Therefore, they should stand as a class that requires no help from foreigners and instead fight their own battles in their own country. Sikh history, as far as I know, has no reference to assistance from foreigners to build their Kingdom or fight for Justice.

Guru Gobind Singh's sons were walled up alive by the Muslim emperor in retribution for not being able to tackle Guru Gobind Singh and because they refused to renounce their faith. The Sikhs did not ask for external help which they could have, their being other non Muslim Kings within the ambit of India, who were not amenable to the Muslim Emperor.

Therefore, I am sure the Sikhs and Indians will get justice in India. It require a more resolute approach.
Sir, there were many kings who were not amenable to the Mughals; during the martyrdom of the Sahibzadas, Nawab Sher Mohammad Khan of Malerkotla being a famous opposer of the Mughals at that point. Yet, the times than were different and the Sikhs got justice by the sword. Sirhind was burned down to the ground, Zain Khan was killed, the Sivalik Hill Rajas were defeated and made vassals of the Punjab, and the Durranis too were kicked out and their lands taken over. I don't think that type of justice is anything to wish for in the context of India and Sikhs have already rejected the bloody insurgency which sprung up after Operation Bluestar. The fight for justice this time around is different and the Sikhs who have taken this to US courts are US citizens and they are fighting the only way they can. Through the judicial system.
 

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This is indeed appalling that some Indians can support this blatant breach of jurisdiction, or attempt thereof, on the part of a US court, to (possibly) freeze properties owned by Congress in the US. Would these very persons advocate freezing of US Republican Party or its members' properties in India for all the lies about WMD and the invasion of Iraq?

Is it a surprise that India was ruled by foreigners for so many years? In fact, it is a bigger surprise that India is still united today. When India should be united, we have this petty politics going on! Whoever gave the right to the US court to judge an Indian Party? For that matter, who is the US court to provide a deterrent?

I wonder what the opposition has to say today, some of the supporters of which display an amazing sense of alacrity in doling out certificates of patriotism, or lack thereof, to others.

Let's see if all Indians can stand united on this issue.

Some of the posts indeed paint a very disappointing picture.
It is the same inferior mentality that is prevalent among many Indians that everything foreign is better and in this case more just than anything India has to offer. This same mentality isn't different from rulers who joined alliance with east india company to conquer there rivals...we all know the end result.

Sovereignty of India cannot be torn away like this by courts in foreign countries issuing orders and Indias who agree with it should be ashamed of themselves. I am not claiming that sikhs should not get justice! they should but through Indian courts.

Also if pakistan court had "summoned" the same people agreeing in this thread would have trashed there claims. double standards ?
 

tarunraju

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The US has no jurisdiction over what happened in India. Yes, crime was committed. It happened in India.
Crimes were committed against now US citizens and/or their families. The victims of the 1984 riots migrated to the US and, as US citizens, filed a case against Congress. They're perfectly within their right to persecute the Congress party as US citizens.

It's similar to families of victims of 26/11 (US citizens) filing lawsuits against the Pakistani ISI agency, in US courts.

Similarly, if an Indian citizen is a victim of any crime in the US, it comes under US law, not Indian law.
Right, and the Indian courts can summon foreign nationals at the consent of the individual's home country.

The US court may be legally capable of freezing assets of any Indian political party, to do so, it has to first pass a judgement on something, in this case, the anti-Sikh pogroms. Can it pass a judgement? Technically yes, but given the circumstances, I do not know.
Yes, freezing Congress' assets in the US is that country's sovereign right, it can also pass its own judgment on the 1984 riots. It has to anyway, to substantiate freezing of the assets.

Nevertheless, and the point I am trying to make is, any such judgement is not binding on India, regardless what the US court decides to do within the territories of US.
That's not the consequence anyway. The least US can do is freeze assets of Congress party in its territory, the most (technically) it can do is blacklist Congress party, or play with US investments into India (again, that's the far-end of the spectrum, not that US will actually risk its diplomatic relations with India to do that).

I am talking of jurisprudence, jurisdiction or judicial competence of US courts. Not to be confused with what a US court can do in the US.
In this case, crimes against its citizens, and not territory, determine the jurisdiction of US courts. It is for the same reason, that Congress party faces freezing of its assets on American soil, not anywhere else.


Response is same as above. Indian law is supreme in India. Any other law, whether International or US does not take precedence over Indian law.
Right, and US law isn't going to shut down 10 Janpath, rather Congress' assets on Amercican soil, if the petitioners win the case. Whatever judgment the US makes to back such action will be USA's independent judgment.


Yes, it can issue summons. That is all it can do. It cannot get him arrested unless a US court allows it. Of course, it can freeze properties owned by foreign nationals in India.
And that's exactly what US is doing. It is issuing summons to Congress party, and if the petitioners have it, then it will freeze properties owned by Congress in the USA.
 

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