Judge
Robert W. Sweet of the US Federal Court for the Southern District of New York
heard arguments in Sikh Genocide case against Kamal Nath for his role in
leading a mob which attacked Gurdawara Rakab Ganj Delhi on November 01, 1984
in which many Sikhs were burnt alive. In today's hearing, Kamal Nath failed to
produce "Statement of Interest" from US Department of State in support of his
claim to Diplomatic Immunity.
After hearing the arguments from both sides which lasted for
more than 45 minutes, Judge Sweet reserved his ruling. The plaintiffs
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. SFJ
has already demanded a "jury trial" from the court during which plaintiffs
will submit documentary evidence proving participation of Kamal Nath and other
leaders of Congress in November 1984 Sikh Genocide.
Plaintiffs in their response have argued that the Judge
Robert Sweet has personal and subject matter jurisdiction over Kamal Nath
Under the Alien Torts Claim Act and Torture Victim Protection Act. In today's
arguments, plaintiffs emphasized that despite having knowledge about the case
and openly acknowledging the receipt of summons and complaint, Nath did not
respond within 21 days as required by the law. In fact, argued the plaintiffs,
that Nath completely ignored the summons till August 2010 when plaintiffs
moved for entry of default judgment against him. Based on this, the plaintiffs
requested the court to issue a default judgment against Kamal Nath.
In his motion filed on June 24, 2011 Nath has 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. Ever since Indian government has issued demarches to US
Department of State for granting immunity to Kamal Nath, Sikh community
through SFJ have been actively campaigning before US Government to deny Nath's
request for immunity and instead prosecute him under Human Rights Enforcement
Act of 2009.
According to attorney Gurpatwant Singh Pannun, legal advisor
to SFJ, Nath's claim of diplomatic immunity is likely to be denied by the
court because Nath has failed to obtain "Statement of Interest" from US
Department of State in support of his claim for immunity from prosecution in
US Federal Court. "U.S. law provides a remedy to victims of human rights
violations that have been committed abroad and allows the victims to bring a
lawsuit against the perpetrator in the U.S. Federal District Court." Attorney
Pannun added that "Despite several witnesses who saw Kamal Nath inciting and
leading the mob, Nath has been successfully escaping justice under the Indian
system for more than 25 years using his influence and position in the ruling
Congress (I) party.
Sikh community is holding a protest rally on September 24
during PM Singh's address to the General Assembly demanding sacking of Kamal
Nath from cabinet and prosecution of Congress leaders involved in November
1984 killing of Sikhs.