US Court to hear 1984 Sikh Genocide case against Indian Congress

US Court to hear 1984 Sikh Genocide case against Indian Congress

New York: On March 15, 2012, Judge Robert W. Sweet of the US Federal Court will hear the Plaintiff's motion for entry of "Default Judgment" against Indian Congress (I) for its failure to defend the charges of conspiring, aiding, abetting, organizing and carrying out attacks on Sikh population of India in November 1984.



In summons issued on March 01, 2011, Congress (I) was directed by the US Court to file its answer within 21 days in the class action law suit filed under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA). Initially, Congress (I) responded to the summons through its attorneys Sabharwal, Nordin and Finkel and asked the Court to grant additional time until June 24, 2011 to file the answer. Despite receiving the requested extension from the US Court, Congress (I) failed to file the answer to the summons and to defend the charges of organizing the killings of Sikhs in November 1984.



On February 02, 2012, Sikhs for Justice (SFJ), filed a motion before the US Court that since Congress (I) has failed to respond to the Summons, a judgment by default be entered against the defendant Congress (I) and that an evidentiary hearing be scheduled in order to determine the amount of compensatory and punitive damages to be awarded to the plaintiffs. The plaintiffs will ask the court to enter a judgment in the amount of USD 17.5 Billion (17.5 Billion US Dollars) against defendant Congress (I) for rehabilitation of survivors and compensation for the life and property loss.



The plaintiffs' demand for USD 17.5 Billion is based on the records obtained through RTI, according to which a total of more than 35,000 thousand claims for deaths and injuries suffered by Sikhs during November 1984 were filed from the states of Delhi, Bihar, Chhatisgarh, Haryana, Himachal Pradesh, Jammu & Kashmir; Jharkhand, Madhya Pradesh, Maharashtra, Orissa, Uttara Khand, Uttar Pradesh, Tamil Nadu and West Bengal. This information was released by Ministry of Home Affairs with seal and signatures of Director A.K. Saxena in response to RTI Applications filed by Advocate Navkiran Singh.



According to attorney Gurpatwant Singh Pannun, legal advisor to Sikhs for Justice (SFJ), to prove the clear and convincing involvement of the Congress, the plaintiffs will ask the US Court to issue "Letters Rogatory" for appearance of Justice Nanavati who in his 2005 report unearthed the pre-planning, police involvement, the use of state infrastructure, and organized method in which Sikhs were killed in November 1984 throughout India. "Letters Rogatory" is a procedure provided in International Law used by US Court to ask the courts of another country to assist the US Court in the administration of justice.



SFJ will also move an application before the US Court to appoint Advocate HS Phoolka, Advocate Navkiran Singh and AISSF President Karnail Singh Peermohammad as "Overseas Amicus of the US Court". As Amicus of the US Court, their role will be to ascertain the exact number and identity of the victims and survivors of November 1984 throughout India, added attorney Pannun.