A US Sikh human rights group has challenged a motion filed byIndia’s Congress party for dismissing of a human rights violationcase relating to the 1984 anti-Sikh violence.
NEW YORK – A US Sikhhuman rights group has challengeda motion filed by India’sCongress party for dismissing ofa human rights violation caserelating to the 1984 anti-Sikhviolence.In a 32-page memorandumof law filed with the USFederal Court here MondaySikhs For Justice” (SFJ) arguesthat it has subject-matter jurisdictionas also legal standing tofile the case on behalf of thevictims of the 1984 violenceafter the assassination of thenPrime Minister Indira Gandhi.The memorandum said the subjectmatter jurisdiction “is beinginvoked on the grounds ofplaintiffs’ being granted refugeestatus in the US” and the AlienTorts Statute (ATS) grants jurisdictionto US Courts to hear thehuman rights violation casescommitted outside the US.The federal court in Manhattanis set to hear the argumentsfrom SFJ and the Congressparty on March 19 for andagainst continuation of the 1984human rights violation case.The Congress motion challengesboth the court’s jurisdictionand the legal standing ofSFJ to file the case, and assertsthat the statute of limitationshas expired. In support of itsmotion, the Congress has submitteda declaration claimingthat the party had not receivedthe US court summons in accordancewith the Hague ServiceConvention. In support of theUS jurisdiction in the case, SFJlegal advisor Gurpatwant SinghPannun, alleged that to misleadthe US court, the Congress,which is a political organization,had repeatedly mischaracterizedits structure as “corporate”.
