Tag Archives: India

Update in 1984 anti-Sikh riot case

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From IBN Live:

A US court is set to hear on March 15 a petition seeking a “default judgement” against the Congress party for its alleged failure to defend the charges of conspiring, aiding, abetting and organising attacks on Sikhs in November 1984.

The plea filed by a New York-based Sikh body is also urging Judge Robert W Sweet of US Federal Court of the Southern District of New York to issue “Letters Rogatory” for appearance of Justice G T Nanavati. In a statement, Attorney Gurpatwant Singh Pannun, the legal adviser to Sikhs for Justice (SFJ), said that the plaintiffs will ask the court to issue Letters Rogatory for appearance of Justice Nanavati who had gone into the anti-Sikh riots in the wake of assassination of the then Prime Minister Indira Gandhi in 1984. “Letters Rogatory” is a procedure provided in international law used by US courts to ask the courts of another country to assist them in the administration of justice.

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Pannun said the New York court will hear on March 15 a motion for entry of “default judgement” against the Congress party for its alleged failure to defend the charges of conspiring, aiding, abetting, organising and carrying out attacks on Sikhs in November 1984. The summons was issued by a New York court on March 1, after the Congress party apparently did not act on the court’s direction to respond to the class action law suit filed under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).

Weekend Roundup: Sarei, Sri Lanka, Exhaustion, Law Profs, Sikh Genocide

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- Lawfare on Sarei v. Rio Tinto:

In passing and without any supporting authority, the majority also invents an entirely new doctrine — that the act-of-state doctrine (which precludes the federal courts from inquiring into the validity of the public acts of foreign sovereigns) does not apply to jus cogens violations.  To my knowledge, no other federal court has recognized such an exception.  Indeed, in the analogous area of sovereign and official immunity, other courts (including the Ninth Circuit itself) have found that there is no jus cogens exception to the immunities of foreign governments or their officials.  See, e.g., Matar v. Dichter, 563 F.3d 9, 15 (2d Cir. 2009).

- Sri Lanka’s Sunday Observer is not a big fan of the ATCA suit against Sri Lankan general Shavendra Silva:

Hence, these countries where the LTTE sympathisers and shadow wings and front organisations file cases against Sri Lanka’s valiant soldiers turned diplomats should not fall prey to such baseless and unfounded allegations. First and foremost, these former commanders of Sri Lanka’s Security Forces enjoy diplomatic immunity as they serve in top positions in Sri Lanka’s missions abroad.

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Hence, it is now time that they stop grave-digging and extend a hand of solidarity and goodwill to Sri Lanka’s reconciliation efforts. They should instead, commend Sri Lanka’s exemplary role as the first country to eradicate terrorism. President Mahinda Rajapaksa and his Government are making a sincere effort to usher in a better tomorrow for all communities in Sri Lanka. It would be far better if those who level charges against Sri Lanka tour the North and the East and see for themselves the progress the nation has made in reconciliation and resettlement. Top priority has been given for infrastructure development projects while thousands of ex-LTTE cadre have been rehabilitated and integrated into the society.

- Judith A. Archer, Sarah E. O’Connell and Todd Ryan Hambidge of Fulbright and Jaworski explain the state of play on the exhaustion issue.

- Kenneth Anderson of the Volokh Conspiracy discusses the role of academics in explaining international law to U.S. judges.

-SikhSayasat.net covers ongoing developments in the Kamal Nath ATCA case.

ATCA/TVPA Case Against Alleged Leader of 1984 Anti-Sikh Riots

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1984 Anti-Sikh riots, from Wikipedia

1984 Anti-Sikh riots

From sikhsiyasat.net, news of an Alien Tort Claims Act/Torture Victim Protection Act matter in the Southern District of New York:

On August 12, 2011 Sikhs for Justice (SFJ) filed response to Kamal Nath’s efforts to seek immunity in the Sikh Genocide Case pending before US Federal Court against Nath’s role in attack on Gurudwara Rakab Ganj in November 1984. The Plaintiffs’ response states that Nath’s claim to “special mission diplomatic immunity” is baseless because he has no support from US Department of State and Nath came to attend conferences organized by US Indian Business Council in April 2010 when he was served with summons.

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The case against Nath has been filed by “Sikhs For Justice” (SFJ) a US based human rights group along with several Sikh individuals who witnessed and survived attacks in November 1984. The class action lawsuit (SFJ v. Nath SDNY (10 CV 2940)) has been filed under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).The summons against Kamal Nath were issued on April 06, 2010 in the law suit filed under Alien Tort Claims Act asking the US Court to grant compensatory and punitive damages for Kamal Nath’s role in leading an armed mob which attacked Gurdawara Rakab Ganj Delhi on November 01, 1984 in which many Sikhs were burnt alive.

Sikhs for Justice’s website is here.  More on Nath from Wikipedia.