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Sikh Genocide 1984

US Court to hear Sikh Genocide 1984 case against Congress oI) On January 22

January 7, 2014 | By

New York (January 7, 2014): Judge Robert W. Sweet, of Southern District of New York has ordered a pre-trial Conference in the pending human rights violation law suit against the ruling party of India, Congress (I) for organizing genocidal violence against the Sikhs in 1984. The pre-trial conference will be held in New York Federal District Court on January 22, 2014 at 4pm.

The order of US Court directs the Counsels of “Sikhs For Justice” (SFJ) and Congress (I) to appear for pre-trial hearing for the purpose of resolving any outstanding discovery or other issues, and setting a time for trial. The US Court order further states that “This conference may not be adjourned without direction from the court. Failure to appear at the conference may result in termination of this action.”

As directed by US Court to comply with the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co. “Sikhs for Justice” (SFJ) has filed an amended complaint in November 2103, against ruling party of India, Congress party for organizing genocidal violence against Sikhs in 1984, In Kiobel case, US Supreme Court held that foreign entities can be liable in US Court for atrocities committed overseas only under the limited circumstances.

The Congress party of India has sought till January 17 to respond to US Court on the charges of conspiring, aiding, abetting and carrying out Genocidal attacks on Sikhs during November 1984. The rights violation lawsuit against Congress-I {SFJ v. INC 10-cv-2940 RWS} under Alien Torts Statute (ATS) and Torture Victim Protection Act (TVPA) is pending before the U.S. District Court for the Southern District of New York.

Congress (I) and Indian Diplomat Devyani Khobragade Facing Charges In Same US Court:

While India’s ruling Congress (I) is facing charges of organizing genocidal attacks against Sikh community in 1984 before Southern District Court of New York, Indian Diplomat Devyani Khobragade is also facing the charges of making false declarations in a visa application for her domestic help before the same court. The Indian diplomat Khobragade who is out on $250,000/ bond is facing pre-trial hearing on January 13.

Sikh rights group’s amended complaint include documentation showing the connection between Congress party of India and its US based affiliated organizations to qualify the pending human rights violations lawsuit for exercise of US Court’s Jurisdiction as ruled in Kioble case. The amended complaint states that in November 1984 Congress party 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”.

According to attorney Gurpatwant Singh Pannun, legal advisor to SFJ, “due to continuous practice of impunity by the successive Indian governments towards the perpetrators of November 1984 Sikh Genocide, the victims are forced to approach the US Court in pursuit of justice”. Through this lawsuit Congress-I’s role in organizing genocidal attacks against a religious minority and subsequent cover up of terming it as “anti-Sikh riots” will be exposed before the international community, added attorney Pannun.

Proper Service

Last September, US Federal Judge Robert Sweet ruled that Congress Party of India has been “properly served” with the summons in November 1984 Sikh Genocide case through Hague Service Convention as claimed by Sikh rights group. Since the filing of the law suit by “Sikhs For Justice” and victims of 1984, Congress party has been zealously challenging US Court’s jurisdiction and the service of process.

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