January 3, 2014 | By Sikh Siyasat Bureau
New York, USA (January 2, 2014): While responding to the charges of shielding, protecting and rewarding the perpetrators of Sikh Genocide 1984, India’s Congress party’s President Sonia Gandhi has reportedly challenged the US Court jurisdiction to hear the rights violation case and the service of the Summons.
Sonia Gandhi, on January 2, submitted a signed letter on “All India Congress Committee” letterhead to the US Court, denying having been served with the US Court summons.
“I was not in New York during the relevant period, namely, from September 2, 2013 to September 9, 2013. I was not served the Summons and Complaint on September 9, 2013, as claimed, or on any other date in 13 Civ. 4920.” stated the December 28 signed letter by Sonia Gandhi.
“On September 9th, upon information and belief that Congress President was undergoing medical checkup at Sloan-Kettering in New York, attorney Gurpatwant Singh Pannun, legal advisor SFJ stated that as per US Court orders, the Summons and Complaint was served on hospital and security staff of the hospital.
On January 2, in response to US Court Summons, Sonia Gandhi filed a motion with Court to dismiss the human rights violation lawsuit pursuant to: lack of personal jurisdiction; for insufficient service of process; for lack of subject-matter jurisdiction; and for failure to state a claim upon which relief can be granted. Congress Presidents motion further sought “Enjoining plaintiff “Sikhs For Justice” from filing any lawsuit or otherwise pursuing these claims or any other claims stemming from or related to allegations of conduct in India in 1984, post-assassination of Prime Minister Indira Gandhi by her security personnel without first having secured the express written consent of the court.”
Responding to the motion filed by Congress President to dismiss the rights violation case, the Sikh rights group legal advisor Gurpatwant Singh Pannun stated that victims of November 1984 filed human rights violation complaint against Sonia Gandhi invoking the US Federal court jurisdiction over the case based on Alien Tort Statute (ATS), 28 U.S.C. § 1350; the Torture Victim Protection Act of 1992 (TVPA); 28 U.S.C. § 1331 and Federal Common Law.
The acts of impunity, promotions and party tickets to Congress leaders and police officials, proves Sonia’s Gandhi’s complicity in patronizing and rewarding the perpetrators of 1984 Sikh Genocide, and ATS and TVPA gives the survivors of egregious human rights abuses, wherever committed, the right to sue the perpetrators in the United States added attorney Pannun.
During Sonia Gandhi’s, September 2012 medical visit to US, Federal Eastern District of New York (13 CV 4920) issued Summons against Congress President on the complaint filed by a US based human rights group SFJ and victims of November 1984 Sikh Genocide. The victims of 1984, demanding a jury trial, are seeking compensatory and punitive damages against Congress party President for her role in shielding and protecting Kamal Nath, Sajjan Kumar, Jagdish Tytler Amitabh Bachchan and other Congress party leaders from being prosecuted for their crimes against humanity.
The US Court has given “Sikhs For Justice” (SFJ) and victims of 1984, till January 23 to respond to the motion filed by Sonia Gandhi.
Prosecution of Indian Diplomat Devyani Khobragade:
The case against Indian Diplomat Devyani Khobragade for labor exploitation and human trafficking is coming up for pre-trail hearing before NY Federal Court. Sikh rights group legal advisor Gurpatwant Singh Pannun, while supporting the US prosecution of Ms. Khobragade claimed that “In India, those who are accused with human rights violations and have backing of the Government, continues to enjoy the impunity and protection from the law.”
US based Sikh groups have announced to organize a “Justice Rally” on January 13 in support of Sangeeta Richard, Indian diplomat’s domestic worker to push US authorities to continue prosecution of Khobragade and against any immunity to her.
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