January 26, 2011 | By Sikh Siyasat Bureau
New York (January 24, 2011): Indian Government is exposed with regard to human rights issue by its efforts to get diplomatic immunity from U.S. for Minister Kamal Nath in Sikh Genocide Case pending against him in the US Court. Sikhs and human rights activists have always alleged that Indian Government and Congress (I) have been protecting and shielding the killers of Sikhs and organizers of November 1984 Sikh Genocide. During the past 26 years, Congress (I) has used its influence in saving Kamal Nath and other leaders of Congress (I) from being charged and prosecuted in India despite of witnesses and evidence. Even Nanavati Commission was pressured into stating that evidence against Nath is “vague” even though that Nath himself admitted being at the scene of Gurdawara Rakab Ganj and many individuals gave affidavits about Nath’s presence and involvement in violence at Gurdawara Rakab Ganj.
According to Attorney Gurpatwant Singh Pannun, legal advisor to Sikhs for Justice (SFJ), the issue of “diplomatic immunity” is decided by the court and US Department of State can only give its recommendation. He further stated that the plaintiffs will resist and challenge any efforts by Indian Government to get diplomatic immunity for Kamal Nath. If diplomatic immunity is granted to Kamal Nath in Sikh Genocide case, plaintiffs avowed that they will challenge it in the highest court of the United States and will also lodge petitions and complaints before the United Nations Human Rights Commission with regard to India’s open practice of impunity.
According to attorney Pannun, India is not a “democracy” but a “demon-cracy” because it protects the human rights violators and rewards them with Cabinet seats. The attitude of Congress (I) and Indian Government on the issue of “diplomatic immunity” is not shocking at all and it only proves what Congress (I) and Indian Government has been doing during past 26 years. Indian Government has not only protected the killers of Sikhs inside India but now the Indian Government is going all out to protect the killers and human rights abusers in other countries. Indian Government is paying for the defense of Kamal Nath in Genocide Trial and has asked the US Government to grant Mr. Nath immunity, added attorney Pannun.
In April 2010, Sikhs for Justice (SFJ) a US based human rights advocacy group, along with two individuals filed a law suit against Minister Kamal Nath in US District Court under Alien Tort Claims Act(ATCA) & Torture Victim Protection Act (TVPA) asking the Court to order compensatory and punitive damages against Kamal Nath. According to attorney Pannun “Alien Tort Claims Act of United State, the law under which trial against Kamal Nath will be held is specifically created to provide remedy and forum to victims of genocide to vindicate their complaints and the trial against Kamal Nath is one such opportunity through which SFJ plans to put on the record of the court evidence related to Genocide of Sikhs and Kamal Nath’s role in it”.
Plaintiffs have asked for a “jury trial” and will have the right to call upon survivors and experts on Genocide as witnesses to prove that systematic killing of Sikhs in November 1984 was Genocide as defined Article 2 of the UN Convention on Genocide.
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