NEW YORK – A US court has setJune 27 to hear Indian National Congressparty’s plea to dismiss or stay proceedingsin the 1984 massacre of Sikhs caseon the ground that the statute of limitationhad expired.
Judge Robert Sweet ofNew York’s southern district issued theorder after the Congress party’s lawyersargued that claims filed by the Sikhs forJustice (SFJ), a Sikh community organisation,are “time-barred because they complainabout alleged activities thatoccurred more than twenty-five yearsago; all statutes of limitations have longexpired.
“Congress party treasurer MotilalVora also gave an affidavit to the USCourt in support of the motion to dismissthe complaint on the ground that”no summons and complaint from theNew York Litigation was delivered to theIndian National Congress Party in accordancewith the Hague ServiceConvention”.
The party had earlier challengedthe jurisdiction of the US FederalCourt to hear the case.SFJ legal advisor Gurpatwant SinghPannun said the plaintiffs will request thecourt to deny the motion because despitehaving knowledge of the law suit andhaving ample opportunities to raise theseissues, Congress party chose not torespond and has thus waived all thedefences.
Referring to Congress MP MotilalVora’s affidavit, attorney Pannun statedthat it has become obvious that Congress(I) being the ruling party of India isthwarting the delivery of summons andcomplaint to its head office because theplaintiffs have proof of delivery of thesummons to the Central Authority ofIndia as required under the HagueConvention. Motilal Vora’s affidavit isnot only self contradictory but is alsodisingenuous and since it has been signedby Vora under section 1746(1) of theChapter 28 United States Code, it constitutesperjury, added attorney Pannun.
