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Thursday, March 3, 2011

US Court in a Class Action Law Suit filed by Sikhs For Justice summons Congress Party

NEW YORK: A US court has issued summons to India's Congress party to answer charges of "conspiring, aiding, abetting and carrying out organized attacks on Sikh population of India in November 1984." The US district court for the southern district of New York issued the summons on Tuesday in a class action law suit filed by Sikhs For Justice (SFJ), a US based community group along with several Sikh survivors of the 1984 attacks.

The compliant against Congress alleges that in November 1984 the "organized killing" of Sikhs took place only in states where Congress was in power, according to SFJ legal advisor Gurpatwant Singh Pannun. According to the government of India's record a total of 3296 Sikhs were killed while a total of 35,535 claims for deaths and injuries were received throughout India, he said. But "The gravity, scale and specially the organized nature of these attacks was concealed by the Indian governments' portraying them as 'November 1984 Anti-Sikh Riots of Delhi,'" Pannun said.

These attacks were neither "riots" nor were they confined to Delhi alone. In fact, during November 1984, Sikhs were attacked in 18 states and more than 100 cities of India in an identical manner and the attackers were led by Congress (I) leaders, the complaint alleged.
Indian National Congress, the political party in power then and now, committed the crime of Genocide against Sikhs as defined in Article 2 of UN Convention on the Prevention and Punishment of the Crime of Genocide, 1948, it said.

The government of India, by painting the attacks on Sikhs in November 1984 as "riots" instead of "Genocide" and by failing to punish the leaders of Congress (I), violated its duties under Article 1 the Genocide Convention, Pannun said. Seeking relief under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA) is motivated by an interest in seeking some form of justice for the victims of November 1984 Sikh Genocide, he said.

It will raise awareness to the international community regarding denial of justice to the victims and is a means of holding parties in power accountable for their gross violations of human rights - while also offering the potential to deter future abuses, Pannun said. The SFJ complaint also refers to the February 2011 discovery of "mass grave" of Sikhs who were killed in November 1984 in Haryana.

Read more: US court summons Congress party on 1984 riots case - The Times of India http://timesofindia.indiatimes.com/india/US-court-summons-Congress-party-on-1984-riots-case-/articleshow/7608822.cms#ixzz1FYQezELs

Some Comments -
The gruesome events of 1984 Sikh Genocide are covered by principle of universal jurisdiction.Congress party cannot save their skin forever and elude justice. The demonstrated failure by successive Governments to conduct proper investigation and charge the culprits,it is justified by Sikh for Justice to seek help from US courts.,as the perpetrators of the Genocide continue to enjoy impunity against prosecution in India. In shielding the real criminals, Congress party has shown no remorse or shame. There is no point in saying sikhs have no case, a genecide is a genocide and if party workers committed they will have to pay the necessary penalty. if congress accepts this principle then congress will establish rule of law is above all in India, yes it is a pity indian courts had not properly dealt law on perpetrators, so let that be brought to light and let enlightened justice be done at New York after all today we live in Globalized economy. Any serious economic wrong can be corrected by any country will also be the need of hour as world economies wobble just because of few rogues. i think this will be an enlightenment of man!  About time the Kashmiri Pandits took the Congress and there brothers PPP of Pakistan to court in US for systematically wiping out the Kashmiri population in Jammu and Kashmir. Next should be the Congress and Akali Dal that was in Power in Punjab when the locals were driven out in big numbers by systematic and organised organisations based in Delhi, Amritsar, Lahore and various countries of North America. How come everyone is deaf and blind when it comes to Minorities in Jammu & Kashmir..... Thank God For USA, justice will at last be done for the Sikhs first, then the Kashmiri Pandit and finally for Naxalites in rest of the country. Hope at the same time the indigenous population of USA can file a case against the US congress in the courts of European union or China for systematically wiping them out..... Riots are RIOTS... A country that believes in democratic principles should direct its institutions not to interfere in the internal functioning of another democratic country which has one of the finest Legal institutes.
Killing Sikhs is not a crime in India because they are not minorities (Minority=Muslims) because they don't vote in bunches. Killing sikhs is example of secularism. Obvisouly if a Congress person gets killed, thousands of Indians can be killed as a reaction but if 59 commomn indian are killed and reaction comes from both side and thousand of indians are killed that is not a seculer move. Congress has tought Indians to do riots, coruption, consipiracy and tought other parties, how to be in Power by fooling people on the name of relegion and caste.

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