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1984 Anti-Sikh Pogrom US Court Orders Trial Against Indian Government Minister Kamal Nath September 22, 2010


1947-2014 (Archived)
Jun 17, 2004
U.S. Court Orders Trial Against Indian Government Minister Kamal Nath for His Role in 1984 Genocide of Sikhs - Trial Begins September 22, 2010

NEW YORK, Sept. 10 /PRNewswire/ --On September 07, 2010, Honorable Judge Robert Sweet of the United States District Court for the Southern District of New York issued an order in the case against Kamal Nath,

Indian Government Minister for Roadways, who is accused of leading the mob that attacked the Sikh Temple, Gurdawara Rakab Ganj, in Delhi on November 1, 1984 during which many Sikhs were burnt alive. The case against Nath was filed in April 2010 by the plaintiffs, Sikhs for Justice (SFJ), a U.S.-based non-profit human rights advocacy group and victims Jasbir Singh and Mohinder Singh. The judge is asking the parties to appear in court on September 22, 2010 for a pre-trial conference to discuss "settlement, exploring contemplated motions, stipulating facts, arranging a plan and schedule for all discovery and setting a time for trial". The lawsuit against Minister Nath is filed under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) asking the U.S. Court to grant compensatory and punitive damages for Nath's role in the genocide.

According to Mr. Gurpatwant Singh Pannun, legal advisor to Sikhs for Justice, "The plaintiffs have requested a jury trial during which they will submit documentary evidence proving Nath's leadership role in the November 1984 genocide along with many leaders of the Indian National Congress. The new evidence proves Minister Nath also organized the massacre of Sikhs in various cities of the State of Madhya Pardesh including his constituency in the Chhindwara district. According to official documents of the Indian Government, more than 3,500 hundred claims were filed by Sikhs from the state of Madhya Pardesh alone."

Plaintiffs will call upon genocide survivors and experts on genocide as witnesses to prove that systematic killing of Sikhs in November 1984 was Genocide as defined Article 2 of the UN Convention on Genocide.
For more information, please visit sikhsforjustice.org.

Tina Mosetis: 516-458-2090/calltina@verizon.net
Charlotte Tomic: 917-882-5243/ctomic@aol.com



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1947-2014 (Archived)
Jun 17, 2004

US court orders 'pre-trial conference' in Kamal Nath case
New York, Sep 9 (PTI)

A US Federal court here has issued an order asking parties to appear for a ''pre-trial conference'' before it on September 22 in connection with a case filed against Surface Transport Minister Kamal Nath over his alleged involvement in the 1984 anti-Sikh riots.

"Counsel are directed to appear for a pre-trial conference to discuss settlement, exploring contemplated motions, stipulating facts, arranging a plan and schedule for all discovery and setting a time for trial," the court said.

No comments were forthcoming from the Minister's side today. Last month, the court had issued a "default order" against Nath for his failure to respond to summons, which was issued on April 6.

The case against him has been filed by Sikhs for Justice, a US-based non-profit organisation, along with two members of the Sikh community -- Jasbir Singh and Mohinder Singh. Reacting to the default order, Nath had said "I have taken note of the contents of the news report and shall take appropriate legal advice and action in the matter. In any event, I reiterate that I have committed no wrong and I have been advised that proceedings initiated against me in the USA are liable for summary dismissal."

The complaint states that the "the defendant was seen and heard by many on the scene of Gurudwara Rakab Ganj. In this particular incident defendant was leading and in control of a mob of about four thousand people."

Nath, who steadfastly maintains his innocence, has asserted that he tried to calm the mob down and not incite it. "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," Nath had said in April, shortly after hearing about the summons.

In 2005, the Nanavati commission on the Sikh riots described the minister's testimony as "vague" but concluded that there was no evidence that he had incited a mob. The petitioners, who have filed the case under the Alien Torts Claims Act, seek compensatory and punitive damages for several allegations, including crimes against humanity, degrading treatment and wrongful killing.

Noting that a "jury trial" was preferable, Gurpatwant Singh Pannun, the lawyer for the case, told PTI that they intend to put Nath "in a spot" and bring international attention to this case.