September 10, 2013 | By Sikh Siyasat Bureau
New York, United States (September 09, 2013): As per information available with the Sikh Siyasat News (SSN) the US Federal Judge Brain M. Cogan, has ordered service of summons and complaint on Congress President Sonia Gandhi through Hospital Staff or security personnel of Memorial Sloan-Kettering Cancer where she is believed to be under medical care. A class action suit against Sonia Gandhi has been filed by “Sikhs For Justice” (SFJ) a US based human rights group along with victims of November 1984 under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA) for her role in shielding and protecting congress leaders involved in genocidal attacks on the Sikhs during 1984.
In September 09 Order, Judge Cogan directed that pursuant to Fed. Rule Civ. P. 4(e)(1), and New York State CPLR 308 service of summons and complaint on Sonia Gandhi be accomplished by delivering a copy of the summons and complaint to: a) Hospital administration and/or Staff at Memorial Sloan-Kettering Cancer Center, New York; b) any of the security agents assigned to defendant Ms. Sonia Gandhi during her stay in New York, NY including, State Department detail, Special Agents of Secret Service, Special agents of Federal Bureau of Investigation, Officers of the NY State Police, Officers of NYPD and members of any private security details. Judge Cogan’s order further directs the hospital and security staff to give summons and complaint to Sonia Gandhi.
Rights group “Sikhs For Justice” (SFJ) filed and emergency motion with Judge Cogan for leave to effect alternative means of service because the Process Servers retained to serve Sonia Gandhi could not reach her due to heavy security she enjoys as head of ruling alliance of India. SFJ’s motion argued that Sonia Gandhi is a foreigner and a high profile political figure and is the subject of heavy security, the personal service of Summons as required by section§308(1), (2), (4) of CPLR is impracticable and plaintiffs be granted permission to effect service through alternate means.
According to Attorney Gurpatwant Singh Pannun, legal advisor to SFJ, today’s Court order 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 Congress President is a clear message to those who believe that they could evade service of US Court summons by virtue of their high political positions. Unlike judicial system of India which failed to punish the Congress leaders involved in genocidal attacks on Sikhs in 1984, US judicial system does not protect any one because of their political positions, added attorney Pannun.
The complaint against Sonia Gandhi alleges that “from November 1 through November 4, 1984 approximately 30,000 members of a minority religious group known as the “Sikhs” were intentionally tortured, raped and murdered by groups that were incited, organized, controlled and armed by the ruling political party known as India National Congress Party a/k/a, “Congress (I)”.
In the September 3 lawsuit filed before Eastern District of New York (13 CV 4920), SFJ and victims are seeking compensatory and punitive damages against Congress party President for her role in shielding and protecting Kamal Nath, Sajjan Kumar, Jagdish Tytler and other Congress party leaders from being prosecuted for their crimes against humanity.
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