US court dismisses ’84 rights violation case against Cong
Sunday, 21/12/2014
http://paper.hindustantimes.com/epaper/viewer.aspx
NEW YORK: A federal appeals court dismissed a 1984-Sikhrights- violation case filed against the Congress by a rights group, saying the case did not sufficiently “touch and concern” the United States.
A three-judge panel of the US Second Circuit Court of Appeals threw out the case, dismissing the charges made by rights group Sikhs for Justice (SFJ) that the Congress was responsible for extra-judicial killings and the riots that followed the assassination of then Prime Minister Indira Gandhi.
The panel ruled that “”even assuming that, as plaintiffs allege, defendants-appellees Indian National Congress Party and Congress leader Kamal Nath carried out or were responsible for acts of violence against Sikhs, those acts were taken by Indian nationals against other Indian nationals in India. Under the presumption against extraterritoriality, we lack jurisdiction over plaintiffs’ claims.”
The panel said the victims’ claim lacks “sufficient touch and concern” for the US. It also declined to rule on the issues of plaintiffs’ standing, the sufficiency of service of process and personal jurisdiction.
