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1984 Sikh riot case: Kamal Nath a busy man, can't attend US court

Discussion in 'History of Sikhism' started by Archived_Member16, Jul 1, 2011.

  1. Archived_Member16

    Archived_Member16
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    July 1, 2011

    Sikh riot case: Kamal Nath a busy man, can't attend US court

    I P SinghI P Singh, TNN | Jul 1, 2011, 12.30pm IST

    JALANDHAR: Union minister Kamal Nath has filed an affidavit through his attorneys in a US federal court denying he ever received summons during his US visit in April 2010. The case was filed against him for his alleged involvement in 1984 anti-Sikh massacre.

    He claimed diplomatic immunity as he visited US as an official of government of India and was on a special mission in the US while challenging the locus-standi of the complainants in his affidavit filed on June 24. The complaint against him was 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. Summons for Kamal Nath were issued by Judge Robert W. Sweet of the US federal court for the southern district of New York.

    He requested to dismiss the lawsuit against him while claiming that his job required him to be present in India. "As a government official with domestic duties and responsibilities, my presence in India is essential and necessary," his affidavit reads. "It will seriously impede my ability to carry out my official duties if I am required to spend significant periods of time in New York to defend myself in the lawsuit," he contended.

    In his affidavit, Nath has claimed that though he did make a trip to 3 East 64th Street, New York (consulate of India) on April 6, 2010 but none served summons and complaint as alleged (in the affidavit of service of Yoselin Genao filed on August 5, 2010 in the court).

    However, legal advisor of Sikhs For Justice, Gurpatwant Singh Pannun, in a statement from US said that Nath's affidavit 'clearly and blatantly contradicts his earlier statements'. He said that on April 06, 2010, Nath publically acknowledged receiving the summons and media widely reported him saying "a piece of paper was given to me. I will have to see what the piece of paper is all about, I really have no clue about it, I don't have a basis and I don't know the authenticity, I don't know the validity. It was for the first time that I saw it."

    Kamal Nath's response on April 6, 2010 acknowledging the receipt of summons was widely reported and broadcast in the media, Pannun said. He said that the plaintiffs would present to the court, newspaper reports, videos footage and witnesses affirming Nath's acknowledgement of receipt of summons on April 6, 2010.

    Meanwhile, in his affidavit, Nath has denied any role in attack and killing of Sikhs at Gurudwara Rakab Ganj on November 1, 1984 as is being alleged against him.

    He revealed that to prove Nath's role in leading the mob that killed Sikhs at Gurudwara Rakab Ganj they would ask the US court to subpoena Mukhtiar Singh and Sanjay Suri as witnesses who had earlier given affidavits against him before the Nanavati Commission in India.

    The class action lawsuit (SFJ v/s Nath SDNY (10 CV 2940) was filed under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).

    source: http://timesofindia.indiatimes.com/...-cant-attend-US-court/articleshow/9061972.cms
     

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  3. Mai Harinder Kaur

    Mai Harinder Kaur
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    RE:

    Dear Mr. Kamal Nath:

    As a private citizen with domestic duties and responsibilities, my attempt to get justice for my family and the thousands of other Sikhs slaughtered in 1984 is essential and necessary. It has seriously impeded my ability to carry on with my life since I have been required to spend significant periods of time trying to bring *******s like you to justice.
     
  4. spnadmin

    spnadmin United States
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    He can plead all he want. The judge won't buy it.
     
  5. Gyani Jarnail Singh

    Gyani Jarnail Singh Malaysia
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    And........I hope he doesnt "BUY" the Judge !!
     
  6. spnadmin

    spnadmin United States
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    The judge can go away to federal prison for a loooooooooooong time for that. It has happened.
     

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