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Congress party challenges US jurisdiction in 1984 anti-Sikh riots
Thursday May 10, 2012 10:04:39 AM,
IANS
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New York: India's Congress party has challenged the
jurisdiction of a US court to hear a case filed against it by a
Sikh advocacy group for its alleged role in the November 1984
anti-Sikh riots.
During oral arguments in the US federal court here Wednesday,
Judge Robert Sweet noted that the Congress had only challenged the
court's jurisdiction to hear the case and not filed any defence on
the merits of the allegations against it.
Sikhs for Justice (SFJ) had filed a complaint against the Congress
in March 2011 under Alien Tort Claims Act (ATCA) and Torture
Victim Protection Act (TVPA).
According to SFJ, attorneys for the Congress argued that service
of summons on the Congress through Hague Convention is flawed as
the party's headquarters in New Delhi did not receive the summons
and the complaint.
Congress party lawyers also argued that it cannot be sued as a per
a reecent appellate court decision (Kiobel v. Royal Dutch
Petroleum), that a "corporation" cannot be sued under Alien Tort
Claims Act for human rights violations by its members.
SFJ lawyers in turn argued that there is difference between the
status of a "corporation" and "political organization".
Unlike "Royal Dutch Petroleum", Congress is a political party with
a mass following and political network across India, which was
used to organize attacks on Sikh population of the India during
November 1984, it alleged.
As the Congress is taking the defence that a political party
cannot be sued under Alien Tort Claims Act, SFJ will amend its
complaint to include the names of Congress President Sonia Gandhi
and the party's national leadership, SFJ legal advisor Gurpatwant
Singh Pannun said.
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