Sikh group challenges dismissal of 1984 case against Congress


New York, May 24 (PTI): A Sikh rights group has challenged the dismissal of the 1984 rights violation case against Congress party before an appeals court here, saying the case "concerns" the US and it has "institutional standing" to seek judgment on behalf of the Sikh community.

The case filed by Sikhs for Justice (SFJ) was dismissed by Judge Robert Sweet of US District Court last month on the grounds that the group failed to show sufficient "touch and concern" to the United States.

Swwet had, however, ruled that "a corporate defendant can be liable under the Alien Torts Statute (ATS), assuming that the statute's 'touch and concern' requirements are adequately alleged".

SFJ said the case sufficiently "touches and concerns" the US and it has "institutional standing" to seek "declaratory judgment" on the November 1984 violence against the Sikh community.

Commenting on the appeal made by SFJ, Congress party's attorney Ravi Batra said on behalf of the party and its chief Sonia Gandhi, "we look forward to arguing" in the apeeals court that "justice was done, the law followed, sovereignty honored" when Sweet ordered the dismissal of the case.

SFJ said its appeal is based on grounds that the victims group claim is not barred under a US Supreme Court ruling as plaintiffs have already been granted refugee status by California Federal Court for being victims of violence allegedly committed by the Congress in India which proves "touch and concern" and sufficient connection to America.

The SFJ appeal claims that federal law grants "institutional standing" to human rights groups to seek "declaratory judgments" by US courts.

SFJ is seeking judgment to declare November 1984 violence against the Sikh community as "genocide". 
  

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Comment on this article

  • Cure de Ars, India

    Sun, May 25 2014

    If Manmohan Singh as PM could not do anything to wipe the tears of Sikh community victims while ten years in power what any one else can do. Is there something is wrong with our attitude when it comes to showing compassion and justice?

    DisAgree [2] Agree [4] Reply Report Abuse

  • Rosario Fernandes, Kallianpur

    Sat, May 24 2014

    1984 and 2002 riots are of the same nature. The reciprocal understanding between Congress & BJP has kept these cases under the carpet. However, these arrangements will not stand good anymore.
    The appointment of Sonia as chairman is the beginning of an end
    of Congress era in India.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Mohan H Naik, Mangaluru

    Sat, May 24 2014

    Good Start

    DisAgree [1] Agree [2] Reply Report Abuse

  • Valerian Dsouza, Udupi/Mumbai

    Sat, May 24 2014

    If Sikh community feel Human Rights Violating riot cases should be tried at higher level, it is good that they are taking it up whenever and wherever possible.

    It will become a good precedence for others as well.

    DisAgree [1] Agree [15] Reply Report Abuse

  • Ivan, Mangalore,Dubai

    Sat, May 24 2014

    Dear Sikh community, The people of India given its verdict on 16th of this month then why do you want to prove it again by American judiciary. Americans are opportunists they are like Elephant that is "khaane ke daant alag, Dikhaane ke alag".

    DisAgree [8] Agree [23] Reply Report Abuse


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Title: Sikh group challenges dismissal of 1984 case against Congress



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