A court in New York has issued summons to Union urban development minister Kamal Nath for his alleged role in the anti-Sikh riots of 1984.
In the season of embarrassments for the UPA government, here’s the latest. A court in New York has issued summons to Union urban development minister Kamal Nath for his alleged role in the anti-Sikh riots of 1984. While it’s not clear whether he is legally bound to honour the summons, Washington has declined to provide him diplomatic immunity.
It means, once he arrives in the USA, the police can take him into custody, said a top government lawyer, adding he has the option of challenging the court’s powers.
The summons followed a civil lawsuit filed by Sikhs for Justice (SFJ), a US-based non-profit human rights advocacy group, and victims Jasbir Singh and Mohinder Singh in April last year. The plaintiffs claimed that Kamal Nath was present when Sikhs were being attacked outside a gurudwara.
“Due to his influence and political powers, he escaped the courts in India,’’ said lawyer for Sikh victims in India HS Phoolka. The plaintiffs have asked the US court to grant compensatory and punitive damages for his role in the genocide.
This is the first case in which the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) have been invoked against India. The enactments empower a US district court to try a leader and hold him liable for the human rights violations of his subordinates under the principle of “command responsibility”.
“It’s wonderful news,’’ said noted rights lawyer Colin Gonsalves. “The victims have the legitimate right to invoke the enactments and get their decades-old grievance redressed by a foreign court.’’
Former additional solicitor general Altaf Ahmed said, “He will be arrested there. The US court doesn’t have the power to interfere in India’s jurisdiction. The Indian courts can strike down the process initiated abroad.’’ He added, “The minister will have to get the summons quashed in the US.’’
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