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1984

US Court To Hear 1984 Case Against India's Congress Party on March 15

News Report by LINK

 

 

 

New York, U.S.A.

On March 15, 2012, Judge Robert W. Sweet of the U.S. Federal Court will hear the Plaintiff’s motion for entry of “Default Judgment” against India's Congress (I) Party for its failure to defend the charges of conspiring, aiding, abetting, organizing and carrying out attacks on the Sikh population of India in November 1984.

In summons issued on March 1, 2011, Congress (I) was directed by the U.S. Court to file its answer within 21 days in the class action law suit filed under the Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).

Initially, Congress (I) responded to the summons through its attorneys, Sabharwal, Nordin and Finkel, and asked the Court to grant additional time until June 24, 2011 to file the answer.

Despite receiving the requested extension from the U.S. Court, Congress (I) failed to file the answer to the summons and to defend the charges of organizing the killings of Sikhs in November 1984.

On February 2, 2012, Sikhs for Justice (SFJ), filed a motion before the U.S. Court that since Congress (I) has failed to respond to the Summons, a judgment by default be entered against the defendant Congress (I) and that an evidentiary hearing be scheduled in order to determine the amount of compensatory and punitive damages to be awarded to the plaintiffs.

The plaintiffs will ask the court to enter a judgment in the amount of $ US 17.5 Billion against the defendant Congress (I) for rehabilitation of survivors and compensation for the life and property loss. 

The plaintiffs’ demand for $ US 17.5 Billion is based on the records obtained through RTI, according to which a total of more than 35,000 thousand claims for deaths and injuries suffered by Sikhs during November 1984 were filed from the states of Delhi, Bihar, Chhatisgarh, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Madhya Pradesh, Maharashtra, Orissa, Uttara Khand, Uttar Pradesh, Tamil Nadu and West Bengal.

This information was released by India's Ministry of Home Affairs with the seal and signatures of Director A.K. Saxena in response to RTI Applications filed by Advocate Navkiran Singh.

According to attorney Gurpatwant Singh Pannun, legal advisor to Sikhs for Justice (SFJ), to prove the clear and convincing involvement of the Congress, the plaintiffs will ask the U.S. Court to issue “Letters Rogatory” for appearance of Justice Nanavati who in his 2005 report unearthed the pre-planning, police involvement, the use of state infrastructure, and organized method in which Sikhs were killed in November 1984 throughout India.

“Letters Rogatory” is a procedure provided in International Law used by U.S. Courts to ask the courts of another country to assist the U.S. Court in the administration of justice.

 

February 18, 2012 

Conversation about this article

1: Baldev Singh (Bradford, United Kingdom), February 18, 2012, 10:54 AM.

Indian politics is perhaps the world's worst, with more political instigation of violence and murder than all of the democratic world put together!... and the Congress Party will get its karmic justice sooner or later, like each of their corrupt former leaders!

2: Ravinder Singh Khalsa (U.S.A.), February 18, 2012, 3:42 PM.

I agree with Baldev Singh. How can they continue to deny they committed a genocide in 1984 and in the decades that followed and expect to get away with it? With Guru's grace the Sikhs will never give up. We will never get justice in India, I'm surprised that some people still think we will. After 28 years, we are still suppressed and represent a "risk" to the Indian government. I commit my life to see this war through this life and. if necessary, the next.

3: Kanwarjeet Singh (Franklin Park, New Jersey, U.S.A.), February 20, 2012, 6:15 AM.

The funny thing is that most of my friends from India who arenon-Sikhs justify how the number of killed was limited due to the fact that most non-Sikhs did not participate in this genocide. Very few, if any, will actually apologize or are ashamed of this incident. So this is not just the Congress party - every Indian is responsible for this carnage. As was so rightly stated: 'All that is necessary for the triumph of evil is that good men do nothing' - this implies that most Indians are not good people. What else can we expect of people who have not been able to protect their own women and children through the ages - we expect them to sympathize and stand up for justice? India should change 'satyamev jayatey' to 'jhootmev jayatey' - since that is what we have seen in the past six plus decades of so-called democracy.

4: Tinku (Punjab), February 22, 2012, 9:08 PM.

It's time for Sikhs to stand up for themselves.

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