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Sikh Genocide 1984

Sikh group challenges Congress Party’s motion to dismiss 1984 rights violation case; US Court set to hear “Sikh Genocide” Case on March 19

February 18, 2014 | By

New York (February 17, 2014): As per information available with the Sikh Siyasat News (SSN), the Sikh human rights group has filed a memorandum of law with US Federal Court in opposition to Congress party’s motion seeking dismissal of the pending 1984 rights violation case. In New York Federal Court, the Congress (I) is facing the charges of conspiring, aiding, abetting, organizing and carrying out attacks on the Sikh population of India after assassination of Indira Gandhi.

The 32 page memorandum of law submitted by SFJ on February 17 clearly demonstrates subject-matter jurisdiction and the legal standing of the rights group as well as of the victims of 1984 in support of the continuation of rights violation case against Congress (I) in the US Federal Court.

Congress President Sonia Gandhi [File Photo]

Congress President Sonia Gandhi [File Photo]

The memorandum of law submitted by “Sikhs For Justice” (SFJ) argues that in the case against Congress, subject matter jurisdiction is being invoked on the grounds of plaintiffs’ being granted refugee status in the US for being victims of November 1984 violence organized by the Congress party. Alien Torts Statute (ATS) under which the case has been filed clearly grants jurisdiction to US Courts to hear the human rights violation cases committed outside United States, as long as there is a connection between the tort committed and the United States.

Federal Court in Manhattan is set to hear the arguments from “Sikhs For Justice” (SFJ) and Congress (I) on March 19. Federal Judge will decide whether the 1984 rights violation case against the ruling party of India will be allowed to continue as legally represented by the Sikh rights group or should it be dismissed as per Congress party’s motion.

Justifying the US jurisdiction as set by the Supreme Court requirements under Kioble case, attorney Gurpatwant Singh Pannun, legal advisor, SFJ stated that Congress (I) is a political organization with its members throughout India, even though to mislead the US Court, Congress (I) is repeatedly mischaracterizing its structure as “corporate”.

While In US, Congress party is defending the 1984 Sikh rights violation law suit, claiming it had no role in the genocidal attacks on the Sikhs after the assassination of Indira Gandhi, but in India, Congress party’s Vice President’s in recent interview admitted that his party leaders were involved. “This is the most compelling and conclusive evidence that November 1984 genocidal violence against Sikhs was organized by the Congress party and will be submitted before the US Court, added attorney Pannun.

Congress (I) filed a motion before the US Court on January 17 seeking dismissal of pending 1984 anti-Sikh violence case based on lack of subject-matter jurisdiction; failure to state a claim; expiry of statute of limitation; and SJF’s legal standing to file the case.

SFJ along with 1984 victims filed the pending rights violation lawsuit against Congress-I {SFJ v. INC 10-cv-2940 RWS} under Alien Torts Statute (ATS) and Torture Victim Protection Act (TVPA). The complaint alleges that in November 1984 defendant had “virtually complete control over governance of the country and as the ruling political party was able to pursue a policy of genocide against the Sikhs under color of state law and with the apparent or actual authority of the government of India”.

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