August 20, 2011 | By Sikh Siyasat Bureau
New York (August 19, 2011): On August 12, 2011 Sikhs for Justice (SFJ) filed response to Kamal Nath’s efforts to seek immunity in the Sikh Genocide Case pending before US Federal Court against Nath’s role in attack on Gurudwara Rakab Ganj in November 1984. The Plaintiffs’ response states that Nath’s claim to “special mission diplomatic immunity” is baseless because he has no support from US Department of State and Nath came to attend conferences organized by US Indian Business Council in April 2010 when he was served with summons.
On September 21st, Judge Robert W. Sweet of the US Federal Court for the Southern District of New York will hold an in person hearing to record legal arguments and examine the evidence regarding Kamal Nath’s claim of diplomatic immunity in Sikh Genocide Case.
According to attorney Gurpatwant Singh Pannun, legal advisor to SFJ, April 2010 visit of Kamal Nath to New York was not on the invitation of the United States Government rather he was here to attend 2010 Global Construction Summit organized by a private company McGraw Hill, Inc. Additionally, Nath has failed to obtain “Statement of Interest” from US Department of State in his support for immunity from prosecution in US Federal Court. Granting diplomatic immunity to Minister Nath will be in clear violation of Article 4 of U.N Convention on the Prevention and Punishment of the Crime of Genocide (1948) which categorically denies immunity as a defense to the crime of Genocide and mandates the prosecution added attorney Pannun.
While responding to the Summons of the US Federal Court, Kamal Nath claimed his entitlement to Immunity because he was on Special Mission to New York in April 2010 when he was served with the summons and comp; Sovereign Immunity under Common Law; and Immunity under Foreign Sovereign Immunity Act (FSIA) of the United States.
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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