New York, USA (March 19, 2014): US Federal Judge Robert W. Sweet reserved the ruling after hearing arguments on Congress party’s request to throw out 1984 Sikh Genocide case for lack of jurisdiction. Congress (I) is facing the charges of conspiring, aiding, abetting, organizing and carrying out attacks on the Sikh population of India after assassination of Indira Gandhi.
During March 19 hearing, Congress party argued that respecting India’s sovereignty US Court should decline to hear the Sikh Genocide case because 1984 killings involve “actions done by Indians against Indians in India”. If this case is allowed to continue, it will be frontal attack on India’s sovereignty.
Congress party is seeking dismissal of the 1984 Sikh rights violation lawsuit on the basis of lack of subject-matter jurisdiction; failure to state a claim; expiry of statute of limitation; and SJF’s legal standing to file the case.
Urging Judge Sweet to continue with 1984 case, attorney Michael Fitzgerald on behalf of “Sikhs for Justice” (SFJ) and victims, stated that in November 1984 Sikhs, a religious minority, was brutally attacked with intent to eliminate; 1984 was not an accident or coincidence; and the plan to eliminate the Sikhs was hatched at Congress party headquarters.
Killing of merely 3000 Sikhs cannot be characterized as “elimination” argued Congress party before the US Court as millions of Sikhs live in India and a Sikh is a Prime Minister of India since 2004.
Challenging the Congress party’s argument that 1984 case is “time barred” under US Laws, attorney Fitzgerald pointed out that Sikh rights’ violation is a “continuing offense” because Congress party still provides impunity to perpetrators of 1984 and continues to threaten the plaintiffs in order to thwart victims’ attempt to seek justice.
According to attorney Gurpatwant Singh Pannun, legal advisor to SFJ, the victims of November 1984 have clear standing before US Courts to bring lawsuit because they have already have been granted refugee status by the US Courts for being persecuted in India. The plaintiffs have fled India to save their lives and US courts and laws is the only option for 1984 victims to seek justice added attorney Pannun.
Pointing to the thorny 2014 election campaign run by the major political parties of India on the issue of 1984 and 2002 massacres of Sikhs and Muslims, attorney Pannun stated that the blood of religious minorities has become merely an election slogan in India to gain votes. The BJP government in Gujarat led by Chief Minister Narindra Modi unleashed a wave of violence against the Muslims in 2002 resulting in the death of thousands.
The case of genocidal violence against Congress party was filed by victims of November 1984 and ‘Sikhs For Justice’ (SFJ), a human rights group under the Alien Torts Statute (ATS) and Torture Victim Protection Act (TVPA).