A Panthic Network - Khalsa Press Publication, ISSN: 1930-0107

PANTHIC.org


"ਲੱਗੀ ਧਮਕ ਸਾਰੇ ਹਿੰਦੁਸਤਾਨ ਅੰਦਰ, ਦਿੱਲੀ, ਆਗਰੇ, ਹਾਂਸੀ ਹਸਾਰ ਮੀਆਂ। ਬੀਕਾਨੇਰ, ਲਖਨਊ, ਅਜਮੇਰ, ਜੈਪੁਰ, ਪਈਆਂ ਭਾਜੜਾਂ ਜਮਨਾ ਤੋਂ ਪਾਰ ਮੀਆਂ। ਚੱਲੀ ਸਭ ਪੰਜਾਬ ਦੀ ਬਾਦਸ਼ਾਹੀ, ਨਹੀਂ ਦਲਾਂ ਦਾ ਅੰਤ ਸ਼ੁਮਾਰ ਮੀਆਂ। ਸ਼ਾਹ ਮੁਹੰਮਦਾ ਕਿਸੇ ਨਾ ਅਟਕਣਾ ਈਂ, ਸਿੰਘ ਰਹਿਣਗੇ ਦਿੱਲੀ ਨੂੰ ਮਾਰ ਮੀਆਂ।(੬੩)"
- Shah Mohammed (Jangnama)

Service on Congress (I) valid in 1984 Sikh Genocide Case - US Court Ruling

September 26, 2012
Source: Sikh for Justice

Ruling Against Congress(I)

Jurisdictional Discovery against Congress (I) granted by Judge Sweet

NEW YORK, NY - The US Federal Judge Robert Sweet ruled that Congress Party of India has been "properly served" with the summons in November 1984 Sikh Genocide case through Hague Service Convention. Denying motion of the Congress (I) to dismiss the Sikh Genocide case for lack of service, the court held that the plaintiffs' evidence establishes that service was effected properly in accordance with the Hague Convention.

Since the filing of the law suit by "Sikhs For Justice" against Congress (I) for conspiring, aiding, abetting and carrying out Genocidal attacks on Sikhs during November 1984, Congress party has been zealously challenging US Court's jurisdiction and service of process.

Citing the steps taken by Sikhs for Justice (SFJ) to effect service on the Congress through Hague Service Convention, Judge Sweet in his 82 page ruling held that "the Plaintiffs have demonstrated that they complied with the Hague Convention procedures and that any failure of compliance was solely on the Central Authority to participate in the process. In addition the INC was aware the litigation and had actual notice of the suit". "Under these circumstances the INC was served in accordance with the Hague Convention and service is valid" concluded Judge Sweet.

While ruling on the Congress (I)'s claim that US Court lacks personal jurisdiction to hear November 1984 Sikh Genocide, Judge Sweet held that the plaintiffs have not yet established personal jurisdiction of the US Court over Congress (I). However, Judge Sweet granted Plaintiff's request for "jurisdictional discovery" to determine the relationship between Indian National Overseas Congress (INOC) and Indian National Congress (INC)". However granting jurisdictional discovery Judge Sweet stated "Plaintiff's allegations demonstrate a relationship between the INC and INOC to justify jurisdictional veil piercing" which is essential to determine court's personal jurisdiction over the Congress Party.

According to Gurpatwant Singh Pannun, legal advisor to SFJ, since filing of the Sikh Genocide case, rights group have been approached by hundreds of survivors, witnesses and victims of November 1984, who are willing to become party to the pending case against Congress. SFJ will file a motion before the US Court to include additional plaintiffs and issue a "class certification" in the pending Genocide case. The class will consist of resident and non-resident Sikh men, women and children who survived the attacks in November 1984 and the lawful heirs and claimants of those men, women and children that did not survive. The class will also consist of Sikhs whose homes, businesses, Gurudwaras and personal property was damaged, added attorney Pannun.

SFJ announced to file a complaint with the US Secretary of State Hillary Clinton for allowing SM Krishna a senior Congress (I) leader and External Affairs Minister into the United States knowing Congress (I) leaders' involvement in leading attacks on Sikhs during November 1984. "SM Krishna's entry and presence in the United States will be in violation of section 212(a)(3)(E)(ii) & (iii) of INA and section 604 of The International Religious Freedom Act of 1998 which prohibit entry into United States of any individual who is member of an organization involved in human rights violations, stated attorney Gurpatwant Singh Pannun who practices human rights law in the United States.

SFJ Coordinators stated that "US Court's ruling regarding proper service on Congress (I) has brought the victims a step closer to establishing that Congress conspired, aided, abetted and carried out Genocidal attacks on Sikhs during November 1984 in which more than thirty thousand Sikhs were killed".


2 Comments

  1. Daljeet Singh Chandigarh September 27, 2012, 7:09 am

    This is a victory for the Sikhs. I hope now the trial can get underway and the culprits brought to the book. If nothing else this will raise awareness about the 1984 massacre.

    Reply to this comment
  2. Gurnam Singh December 28, 2012, 11:12 pm

    One more step closed to justice

    Reply to this comment
 

Disclaimer: Panthic.org does not necessarily endorse the views and opinions voiced in the feedback from our readers, and cannot be held responsible for their views.

Background and Psyche of Anti-Sikh Events of 1984 & the RSS : Video Interview with Bhai Ratinder Singh

Akaal Channel's interview with Panthic.org Senior Editor Bhai Ratinder Singh regarding anti-Sikh events in 1983, and 1984 in Indore Madhya Pardes and the RSS Psyche
Read Full Article


RECENT ARTICLE & FEATURES

ਬਚਿਤ੍ਰ ਨਾਟਕ

 

ਨਾਟਕ ਸਦਾ ਹੀ ਰਮਜ਼ ਵਾਲੀ ਘਟਨਾ ਹੁੰਦੀ ਹੈ। ਸ਼੍ਰੀ ਗੁਰੂ ਗੋਬਿੰਦ ਸਿੰਘ ਜੀ ਨੇ ਬੇਅੰਤ ਨਾਟਕ ਦੇਖੇ। ਆਪ ਨੇ ਅਨੰਤ ਸਮੇਂ ਵਿਚ ਨਾਟਕ ਬ੍ਰਿਤਾਂਤ ਵੇਖੇ। ਆਪ ਨੇ ਆਪਣੇ ਤੋਂ ਪਹਿਲਾਂ ਹੋ-ਵਾਪਰ ਚੁੱਕੇ- ਬੇਅੰਤ ਯੁਗਾਂ ਦੇ ਨਾਟਕ ਦੇਖੇ ਅਤੇ ਅੱਗੋਂ ਆਉਣ ਵਾਲੇ ਵੀ ਕਈ ਨਾਟਕ ਵੇਖੇ। ਆਪ ਨੇ ਆਤਮ-ਕਥਾ ਨੂੰ ਵੀ ਨਾਟਕ ਦੇ ਰੂਪ ਵਿਚ ਹੀ ਵੇਖਿਆ। ਪਰ ਇਸ ਸਭ ਕੁਝ ਨੂੰ ਆਪ ਨੇ ਬਚਿੱਤ੍ਰ ਨਾਟਕ ਮੰਨਿਆ ਤੇ ਵੇਖਿਆ। ਆਪ ਨੇ ਜੀਵਨ-ਸਾਰ ਨੂੰ 'ਬਚਿੱਤ੍ਰ-ਨਾਟਕ' ਦਾ ਨਾਮ ਦਿੱਤਾ।...

Read Full Article

Amrit-Sanchar Maryada Violation: Worldwide Condemnation and Boycott of the Ragi Darshan Lobby

 

Representatives of Sikh organizations across North America and Europe strongly condemned the blasphemous acts committed by the followers of excommunicated heretic Ragi Darshan Sinh at the Gurdwara Sikh Sangat of Virginia who altered the sacred 'Khanday-ki-Pahul' ceremony and Ardaas. ...

Read Full Article

Two Sikhs Killed by Punjab Police - Scores of Protesters Brutally Attacked and Detained

 

At least two Sikhs were were killed and scores injured on Wednesday in bloody clashes between Sikhs protesting against the desecration of the Guru Granth Sahib Ji and police near Kotkapura town in Punjab’s Faridkot district....

Read Full Article

Sikh Leaders Reject Treacherous 'Pardon' of Sirsa Cultist - Jathedar Bhai Ranjit Singh Warns Gurbachan Singh

 

The Sikh community expressed their displeasure over the pardoning of Dera Sacha Sauda head Gurmeet Ram Rahim Singh by Akal Takht, the highest temporal seat of the Sikh religion, calling the move 'politically motivated' as well as a “betrayal with Sikh community”....

Read Full Article

US Court Summons Served on Manjit GK, DSGMC President Amid Commotion

 

Amidst high drama marred by death threats and acts of violence by SAD (Badal) members, “Flash Point Investigators” (FPI) a New York based private investigator firm Served US Federal Court Summons on Manjit Singh G.K., President DSGMC....

Read Full Article

31 Years Later the Carnage Continues : Jammu Sikh Youth Killed in Cold-blood by Indian Police

 

A Sikh resident of Jammu Valley was shot in the head and killed by the Indian Police in cold-blood during a peaceful protest against the removal of posters depicting an image of Sant Jarnail Singh Bhindranwale. Dozens of others protestors were reportedly injured during a clash between the Police and protesters....

Read Full Article

Shaheed Bhai Satwant Singh's Father Sardar Tarlok Singh Passes Away

 

Sardar Tarlok Singh, the respected father of the Mahan-Shaheed Bhai Satwant Singh, who along with Bhai Beant Singh and Bhai Kehar Singh, were responsible for bringing the Indian Prime Minister Indira Gandhi to justice, passed away at a hospital in Amritsar due to health related complications....

Read Full Article

California Assembly Recognizes 1984 Sikh Massacre

 

In an historic and unprecedented move, the California State Assembly has recognized the responsibility of the Indian government in the rape, torture and murder of thousands of Sikhs across India in November 1984....

Read Full Article

Canadian Sikhs Call on PM Harper to Raise Human Rights Concerns with India

 

The World Sikh Organization of Canada has called upon the Government of Canada to raise concerns with respect to human rights and freedom of religion with Indian Prime Minister Narendra Modi during his upcoming visit to Canada, next week. ...

Read Full Article