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1984 riots:US court summons Indian Congress party

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US court summons Congress party on 1984 riots case
IANS, Mar 2, 2011, 10.19am IST

NEW YORK: A US court has issued summons to India's Congress party to answer charges of "conspiring, aiding, abetting and carrying out organized attacks on Sikh population of India in November 1984."

The US district court for the southern district of New York issued the summons on Tuesday in a class action law suit filed by Sikhs For Justice (SFJ), a US based community group along with several Sikh survivors of the 1984 attacks.

The compliant against Congress alleges that in November 1984 the "organized killing" of Sikhs took place only in states where Congress was in power, according to SFJ legal advisor Gurpatwant Singh Pannun.

According to the government of India's record a total of 3296 Sikhs were killed while a total of 35,535 claims for deaths and injuries were received throughout India, he said.

But "The gravity, scale and specially the organized nature of these attacks was concealed by the Indian governments' portraying them as 'November 1984 Anti-Sikh Riots of Delhi,'" Pannun said.

These attacks were neither "riots" nor were they confined to Delhi alone. In fact, during November 1984, Sikhs were attacked in 18 states and more than 100 cities of India in an identical manner and the attackers were led by Congress (I) leaders, the complaint alleged.

Indian National Congress, the political party in power then and now, committed the crime of Genocide against Sikhs as defined in Article 2 of UN Convention on the Prevention and Punishment of the Crime of Genocide, 1948, it said.

The government of India, by painting the attacks on Sikhs in November 1984 as "riots" instead of "Genocide" and by failing to punish the leaders of Congress (I), violated its duties under Article 1 the Genocide Convention, Pannun said.

Seeking relief under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA) is motivated by an interest in seeking some form of justice for the victims of November 1984 Sikh Genocide, he said.


It will raise awareness to the international community regarding denial of justice to the victims and is a means of holding parties in power accountable for their gross violations of human rights - while also offering the potential to deter future abuses, Pannun said.

The SFJ complaint also refers to the February 2011 discovery of "mass grave" of Sikhs who were killed in November 1984 in Haryana.



US court summons Congress party on 1984 riots case - The Times of India
 
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I am confused if legally can US court Summons Indian political party for the crimes/genocide that had happened in India?
 
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I am confused if legally can US court Summons Indian political party for the crimes/genocide that had happened in India?

Presumably one or more of the victims were US citizens?

But it is still strange that a US court can claim jurisdiction over crimes in another country.
 
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Presumably one or more of the victims were US citizens?

But it is still strange that a US court can claim jurisdiction over crimes in another country.

Even then, does a US court have any jurisdiction over an alleged crime in a foreign country?
 
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Thats what i am asking . Can US court summons Indians for a crime committed in India??

is there any information on it

As far as my limited knowledge of the law goes, US courts can issue summons in such cases but the party has no legal obligation to respond to them. Any verdicts given by the courts on cases outside their jurisdiction are not legally enforceable.
 
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I am confused if legally can US court Summons Indian political party for the crimes/genocide that had happened in India?
Good question, but the U.S. is not seeking to criminally prosecute Indians for genocide. The suit is being brought by a private party as a civil case, not a criminal case, seeking damages for criminal acts. I don't think the court can jail any Indians or has the power to summon them, but it can go through a process of truth discovery and impose fines and demand compensation. (Whether the court can collect it is another matter.) The Alien Tort Claims Act is one of the oldest laws of the United States: link
 
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As far as my limited knowledge of the law goes, US courts can issue summons in such cases but the party has no legal obligation to respond to them. Any verdicts given by the courts on cases outside their jurisdiction are not legally enforceable.

then whats the use of this dramatic law
 
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Please arrest the congress leaders and lock they away in some country. We (indians ) ourselves wanted to do it someway or other. But the elections are few months away. Their list of blunders include..

1) Rampant corruption.
2) Wanted to talk to pakistan even though no visible action has been taken against 26/11 perpetrators.
3) Food inflation.
4) Black money.

and the list goes on
 
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Just like summon to Shuja Pasha - a non starter
 
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