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US court reserves judgement in Kamal Nath case
Thursday September 22, 2011 10:16:07 AM,
IANS
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New York: A US federal
court has reserved judgment on Indian Urban Development Minister Kamal Nath's claim for diplomatic immunity in a case over his
alleged role in the November 1984 anti-Sikh riots.
Judge Robert W. Sweet of the US Federal Court for the Southern
District of New York reserved his judgement after hearing
arguments for about 45 minutes in the case filed by Sikhs for
Justice (SFJ), a US based human rights advocacy group.
In Wednesday's hearing, Kamal Nath failed to produce "Statement of
Interest" from US State Department in support of his claim to
diplomatic immunity, according to SFJ Legal Advisor Gurpatwant S
Pannun.
The group had Aug 12 filed its response to Kamal Nath's claim to
immunity in the case relating to his alleged role in an attack on
Gurudwara Rakab Ganj in Delhi in Nov 1984.
SFJ requested the court to issue a default judgment against Kamal
Nath for failing to respond within 21 days after receiving the
Summons on April 6, 2010.
IT has also demanded a "jury trial" from the court during which
plaintiffs will submit documentary evidence on the alleged
participation of Kamal Nath and other Congress party leaders in
the Nov 1984 riots.
SFJ argued that the judge has personal and subject matter
jurisdiction over Kamal Nath under the Alien Torts Claim Act and
Torture Victim Protection Act.
In his motion filed June 24 Nath had claimed that he is entitled
to immunity from prosecution in the United States and that no one
has ever served him with summons and complaints during his April
2010 visit to New York.
The Sikh group is also planning to hold a protest rally Saturday
during Prime Minister Manmohan Singh's address to the UN General
Assembly to demand sacking of Kamal Nath from the cabinet and
prosecution of Congress leaders involved in the 1984 riots.
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