July 1, 2011 | By Sikh Siyasat Bureau
New York (June 30, 2011): In an attempt to find an escape route Indian Minister Kamal Nath, who is facing allegations of committing and instigating the 1984 Sikh genocide and other international crimes, in a US court, in a tort suit, has denied the receipt summons in this case. Kamal Nath through his attorneys has filed answer to the summons issued by Judge Robert W. Sweet of the US Federal Court for the Southern District of New York.
On June 24, 2011 Kamal Nath submitted response in the court taking defenses of (a) entitlement to Immunity; (b) lack of service of summons and complaint; (c) plaintiff’s lack standing. In his answer to the US Court, Nath claims Diplomatic Immunity because he was on Special Mission to New York; Sovereign Immunity under Common Law; and Immunity under Foreign Sovereign Immunity Act (FSIA) of the United States. Requesting the Court to dismiss the law suit, Kamal Nath filed a sworn affidavit that during his April 2010 visit to New York, no one ever served him with the Summons and Complaint.
Nath’s affidavit submitted to the court on June 24, 2011 clearly and blatantly contradicts his earlier statements. On April 06, 2010, Nath publically acknowledged receiving the summons and stated “A piece of paper was given to me. I will have to see what the piece of paper is all about”. “I really have no clue about it. I don’t have a basis and I don’t know the authenticity. I don’t know the validity. It was for the first time that I saw it”.
Kamal Nath’s response on April 6, 2010 acknowledging the receipt of summons was widely reported and broadcast in the media.
According to Gurpatwant Singh Pannun, legal advisor to Sikh for Justice (SFJ), Nath’s sworn statement denying to have ever received summons and complaint on April 06, 2010 is consistent with Nath’s practice of lying and misleading the courts. Nath’s recent statement contradicts his own earlier statement given to the media on April 06, 2010 acknowledging the receipt of summons and complaint. The plaintiffs will present to the court, newspaper reports, videos footage and witnesses affirming Nath’s acknowledgement of receipt of summons on April 06, 2010, added attorney Pannun.
Nath’s claim of having no role in attack and killing of Sikhs at Gurudwara Rakab Ganj on November 1, 1984 clearly contradicts the witness statements by senior journalist Munish Sanjay Suri and Mukhtiar Singh. Mukhtiar Singh who has earlier given affidavit and testimony to Nanavati Commission about Nath leading the attack on Gurudwara Rakab Ganj is now an employee of Delhi Sikh and Gurudwara Management Committee (DSGMC).
According to Gurpatwant S. Pannun, DSGMC is controlled by Paramjit Singh Sarna a close associate of Kamal Nath and is using his position to pressurize Mukhtiar Singh to remain silent regarding the role of Kamal Nath in attack on Gurudwara Rakab Ganj. To prove the role of Nath in leading the mob that killed Sikhs at Gurudwara Rakab Ganj plaintiff’s are going to ask the US Court to subpoena Mukhtiar Singh and Monish Sanjay Suri as witnesses, added attorney Pannun.
Nath’s recent answer submitted to the US Court also contains affidavits from Khalid bin Jamal, a Government of India’s OSD and Sushil Malhotra which shows that Nath is using his official position as Minister and officials of Government of India’s to save himself from prosecution in this law suit.
The case against Nath has been filed by “Sikhs For Justice” (SFJ) a US based human rights group along with several Sikh individuals who witnessed and survived attacks in November 1984. The class action lawsuit (SFJ v. Nath SDNY (10 CV 2940)) has been filed under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).The summons against Kamal Nath were issued on April 06, 2010 in the law suit filed under Alien Tort Claims Act asking the US Court to grant compensatory and punitive damages for Kamal Nath’s role in leading an armed mob which attacked Gurdawara Rakab Ganj Delhi on November 01, 1984 in which many Sikhs were burnt alive.
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