US COURT ISSUES NOTICE TO SONIA GANDHI FOR 1984 ANTI-SIKH RIOTS

A U.S. federal court on Wednesday issued a summons to Sonia Gandhi, the president of the ruling-Congress party, for allegedly protecting members of her party whom the group says were involved in anti-Sikh riots in New Delhi in 1984.

Ms. Gandhi is currently in the U.S. for a medical checkup after she fell sick in the Indian Parliament last week and had to leave the house during a debate.

Sikhs for Justice, a U.S. based non-profit, along with Jasbir Singh, and Mohender Singh, whose relatives were killed during days of rioting in the capital when around 3,000 people, mainly Sikhs, died, filed a civil suit in a U.S. district court alleging Ms. Gandhi played a “leading role in shielding the members, office bearers, leaders and supporters of her party that played an active role in the Genocide.”

And she “conspired with and aided and abetted others” including local police officers, fellow Congress officials and para-military groups,” read the suit, reviewed by India Real Time.

The legal complaint also alleged that, last month, a group of Congress workers attacked a colony in New Delhi where some witnesses of the anti-Sikh riots live.

The court confirmed they had received such a lawsuit. District courts in the U.S normally issue summons on receipt of a lawsuit and it is the responsibility of those bringing the suit to deliver it to the person being sued.

In 1984, Indian security forces led an operation against armed Sikh militants at the Golden Temple in the northern Indian city of Amritsar killing hundreds of people. This led to the assassination of then Prime Minister Indira Gandhi by her Sikh bodyguards, which in turn prompted deadly riots in New Delhi.

In a statement, Gurpatwant S Pannun, Sikhs for Justice’s legal advisor, said the group was seeking compensatory and punitive damages against Ms. Gandhi for the role they accuse her of playing in protecting Congress members including Kamal Nath, Sajjan Kumar, and Jagdish Tytler, whom the group allege were involved in the riots in 1984.

The summons by the court of the Eastern District of New York, provided by the group Sikhs for Justice, asked Ms. Gandhi to serve an answer to the complainant within 21 days of receipt.

Ms. Gandhi couldn’t be reached for comment. Phone calls and messages to the Congress party went unanswered.

“Summons issued almost 30 years after the event when the Congress president is on a medical visit is, to put it mildly, astonishing. Undoubtedly, appropriate legal action will be taken,” Abhishek Manu Singhvi, a member of the Congress, was quoted as saying by the news agency Press Trust of India.

A trial against Mr. Kumar in a case related to the anti-Sikh riots is ongoing in the Delhi High Court, while the Central Bureau of Investigation, India’s federal investigative body, is probing Mr. Tytler’s alleged role in the riots. Both Mr. Kumar and Mr. Tytler have denied the allegations.

Mr. Nath has denied the allegations and has never been charged abroad or in India.

The Sikh group has filed the complaint under the Alien Tort Statute, which allows U.S. citizens to file civil suits in federal courts for violations of international law, and under the Torture Victims Protection Act under which a civil case can be filed against any official in a foreign nation for extrajudicial killings or torture.

This is not the first time a Sikh group has filed a case against Congress politicians abroad.

In January this year, Sikhs for Justice also filed a complaint with the Swiss attorney general’s office seeking the arrest of Kamal Nath, now India’s parliamentary affairs minister, for crimes against humanity in the Sikh riots of 1984. Mr. Nath was visiting Switzerland for the World Economic Forum in Davos.

A spokeswoman for the Switzerland’s attorney general at the time said the office could not act on the complaint because Swiss law regarding genocide applies to acts committed during war and only from the year 2000 onward.

The attorney general forwarded the case to regional authorities in Grisons in eastern Switzerland, where Davos is located, as there may be a case against Mr. Nath for damages related to the 1984 incident, the spokeswoman added.

A spokesman for the prosecutor’s office in Grisons said the complaint was not pursued and had been shelved.

In 2012, a New York judge dismissed a criminal complaint against Mr. Nath over the riots, saying the court had no jurisdiction over the matter.

1984 RIOTS: US COURT ISSUES SUMMONS TO SONIA GANDHI FOR 'SHIELDING' CONGRESS LEADERS

A federal court in New York has issued summons to Congress president Sonia Gandhi for "shielding and protecting" the leaders of her party who were allegedly involved in the anti-Sikh riots in India in 1984.

The summons was issued by the US Eastern District Court of New York after a rights group, Sikhs For Justice (SFJ), and two victims of the riots filed a complaint before it.

Reacting to the development, Congress spokesman Abhishek Manu Singhvi said in New Delhi that they were not aware of any of these facts.

"Summons issued almost 30 years after the event when the Congress president is on a medical visit is, to put it mildly, astonishing. Undoubtedly, appropriate legal action will be taken," Singhvi said.

According to US laws, the summons needs to be personally served to Gandhi, who is currently in the US for medical treatment, before it can have any legal implications.

In the past the SFJ had led similar unsuccessful efforts against several Indian leaders, including Punjab Chief Minister Prakash Singh Badal and Union Minister Kamal Nath.

In the September 3 class-action lawsuit filed in Eastern District Court of New York, SFJ and the two victims sought compensatory and punitive damages against Gandhi for her alleged role in "shielding and protecting" Congress leaders from being prosecuted for their "crimes against humanity."

AKALI DAL REVEALED THE REALITY OF DESPOTIC INDIAN RULERS

Senior Akali Dal leader from Punjab Simranjit Singh Mann alleged that Kashmiris have been enslaved by India and New Delhi was doing injustice with both the communities. “There is injustice with Kashmiris people. India occupied Kashmir in 1947 at the time of partition. People of Kashmirs were not willing to join India. Kashmirs have been made slaves by India.

The two time Member of Parliament from Taran Tarn said that according to UN Resolutions India had promised a plebiscite in Kashmir. “But they are not fulfilling their promise. Situation in Kashmir will not improve till Kashmirs are given their rights,” he said.

Lashing out at mainstream politicians of J&K he said, “Be it Dr Farooq Abdullah, Mufti Mohammad Sayeed or Omar Abdullah they have not been able to do justice with people. They accept troops are violating human rights and order for enquiries. But nothing has come out of these enquiries.”

Claiming that there was military rule in J&K and Chief Minister has no powers, he said, “Article 370 which gives special status to J&K has been eroded. New Delhi has imposed its own laws in Kashmir. The job of army is on borders but they have kept them guarding Amarnath yatra.”

He claimed that Gujarat Chief Minister Narednra Modi was working on Hinduvta agenda. “BJP and Congress are two sides of a same coin and minorities are neither safe in BJP rule nor in Congress rule.”

Reacting to Janta Dal leader Subramaniyam Swamy’s recent statement on minorities, he said, “Minorities in India feel unsafe. We all should unite and fight against it.”

INDIAN’S PREJUDICE BEHAVIOUR WITH MINORITIES

Indian Army is an occupying force in Indian held Kashmir, Senior Akali Dal leader from Punjab Simranjit Singh Mann stated. He also said “There is injustice going on with Kashmiris people.” India occupied Kashmir in 1947 at the time of partition. People of Kashmiris were not willing to join India. Kashmiris have been made slaves by India.  Addressing a press conference, Mann said that Kashmir is an internationally recognized dispute after New Delhi took the issue to United Nations and the same later passed number of resolution for its resolution and after the then Prime Minister Pundit Jawaharlal Nehru promised plebiscite for Kashmir. He said that Kashmir issue is not a bilateral issue between India and Pakistan, as is claimed by New Delhi. Akali Dal’s leader also cited that he supported the demand of right of self-determination in Kashmir. Mann showed his willingness of resolving the Kashmir issue as per the desires of Jammu and Kashmir people.

Mann Singh claimed that there was military rule in J&K and Chief Minister has no powers, he said, “Article 370 which gives special status to J&K has been eroded. New Delhi has imposed its own laws in Kashmir. The job of army is on borders but they have kept them guarding Amarnath yatra.” Lashing out at High Court and Supreme Court Judges for maintaining their silence on the grave human rights violation here, he said they have no more right to get huge salaries and not protecting the right to life and liberty of people (Article 21). “It is unethical to hide the grave human rights violations in Kashmir,” he said.

It is the right time that Kashmir should get independence now from the despotic Indian rulers. Kashmir should be an independent state where they can live easily without any kind of intervention. There should be a referendum according to UN resolutions in Kashmir which Jawaharlal Nehru promised. The Two Time Member of Parliament from Taran Tarn said that according to UN Resolutions, India had promised a plebiscite in Kashmir. But they are not fulfilling their promise. Situation in Kashmir will not improve till Kashmiris are given their rights,” he said. Terrorism is also at its peak in Kashmir. Human rights violations, killings of innocent Kashmiris, negating the rights of Muslims are the basic and major forms of terrorism in Kashmir which are now become the part of campaign by Indian Army. He claimed that Gujarat Chief Minister Narednra Modi was working on Hinduvta agenda. “BJP and Congress are two sides of a same coin and minorities are neither safe in BJP rule nor in Congress rule.”

In the end, I would like to say that Kashmir should get independence from the brutal Indians so that they can live easily according to their rights and Indian courts should take strong action against the brutalities of Indian Army in Kashmir.

INDIAN ARMY EXPOSED BY SHIRMONI AKALI DAL

Shiromani Akali Dal, President Simranjit Singh Mann said that Indian troops in Jammu and Kashmir are an ‘occupying force’ and Akalis support the demand for right of self- determination in Kashmir. Addressing a press conference, Mann said that Kashmir is an internationally recognized dispute after New Delhi took the issue to United Nations and the same later passed number of resolution for its resolution and after the then Prime Minister Pundit Jawaharlal Nehru promised plebiscite for Kashmir. He said that Kashmir issue is not a bilateral issue between India and Pakistan, as is claimed by New Delhi. The Akali leader showed his willingness for resolving the Kashmir issue as per the aspirations of people of Jammu and Kashmir.

He also held security forces responsible for the Chatisinghpora killings of Sikhs in 2000. He said that people belonging to minority community were targeted selectively to defame the genuine freedom movement of Kashmiris. “We are demanding a high level independent probe of the incident so that the real killers of the incident would get exposed and punished as per the law,” he said. Mann also said that Kashmiri have lost faith in Indian democratic system. There is a general impression among the masses that governments are been made by people in Delhi and there is no weight in their vote.

The Akali leader cited that there is a need of military rule in Jammu and Kashmir and Chief Minister has no powers to stop the growing human right violations. He said that Article 370 which gives special status to Jammu and Kashmir has been eroded and New Delhi has imposed its own laws in Kashmir. Lashing out at High Court and Supreme Court Judges for maintaining their silence on the grave human rights violation here, he said they have no more right to get huge salaries and not protecting the right to life and liberty of people (Article 21). “It is unethical to hide the grave human rights violations in Kashmir,” he said.

Indian Political Blunder: Sikh Genocide 1984

General Sinha was the General Officer Commanding Western Command, a prestigious appointment in the early eighties, and was transferred to Delhi as the Vice Chief of Army Staff, with the expectation that he would succeed General K. V. Krishna Rao as the Army Chief.

He was supposed to familiarize himself with the office of the Army Chief. It was a surprise when he was superseded and Lt.-Gen. A. S. Vaidya, the GOC-in-C Eastern Command was appointed as the Chief of Army Staff. After which General S. K. Sinha submitted his resignation. This is a narration by a close associate of Gen Sinha. This all happened in the backdrop of Operation Blue Star.

Wikipedia accounts, Indira Gandhi first asked Lt. Gen. S. K. Sinha, then Vice-Chief of Indian Army, to prepare a position paper for assault on the Golden Temple. Lt. Gen. Sinha advised against any such move, given its sacrilegious nature according to Sikh tradition. He suggested the government adopt an alternative solution. Henceforth, a controversial decision was made to replace him with General Arun Shridhar Vaidya as the Chief of the Indian army. General Vaidya, assisted by Lt. Gen. K Sundarji as Vice-Chief, planned and coordinated Operation Blue Star.

S. K. Sinha had advised the government against the operation. He later criticized the Government’s claim that the attack represented a “last resort”. He also stated that the operation would have been conducted in an entirely different manner if he had planned it.

He also pointed out that a few days before the Operation; the Home Minister had announced that the troops would not be sent to the Golden Temple. There was no need to issue such statements when the government was to act in a manner contrary to what had been said.

But, the Operation seems to have been in plans much earlier. The General has alleged that the army had been rehearsing the operation in a replica of the Golden Temple at a secret location near Chakrata Cantonment in the Doon Valley.

The timing of Operation Blue Star coincided with a Sikh religious day, the martyrdom of Guru Arjan Dev, the founder of the Golden Temple. Sikhs from all over the world visit the temple on this day. Many Sikhs view the timing and attack by the Indian Army as an attempt to inflict maximum casualties on Sikhs and demoralise them, and the government is in turn blamed for the inflated number of civilian dead for choosing to attack on this day.

Mark Tully in his dispatches during and just after the bloody massacre of Sikh community in 1984 states: even if the arguments against a siege are accepted, they don’t justify the army’s decision to mount the operation while Sikhs were celebrating the anniversary of the martyrdom of Guru Arjan, who had built the Golden Temple and compiled the Guru Granth Sahib. This inevitably compounded Sikh anger about the operation. It also meant that the temple complex was particularly crowded and this was why so many civilians were killed.

The Sikh community’s anger and suffering was further increased by comments from leading newspaper editors, such as Ramnath Goenka, terming the operation as “A greater victory than the win over Bangladesh, this is the greatest victory of Mrs. Gandhi”.

Indira Gandhi could have delayed action against Bhindranwale but she realised voters were beginning to think she lacked the will to act. In search of political gain, countless Sikhs were murdered and no one was held accountable.

Voice for Khalistan Echoes in Capitol Hill

Washington – A leading Sikh group has gained access to the powerful corridors of the Capitol Hill with ultimate goal of seeking US lawmakers’ moral support for the creation of an Independent State for followers of Sikh religion, bifurcating, Indian Punjab, the Sikh majority state, The Daily Mail learnt.

When more than two dozen lawmakers announced formation of the first-ever Sikh American Congressional Caucus last week at the Capitol Hill, it was the presence of quite a number of individuals and representatives of organizations, who have always been openly supporting the cause of Khalistan, making everyone feel the importance and sensitivity amongst the Sikh to have an independent State, getting rid of the imposed Hindu rule.

"Sikhs who were present in the Sikh Congressional Caucus event in Washington were activists for the rights of Sikhs and were motivated by ideology of pro-Khalistan," said a prominent member of California-based North America Punjabi Association (NAPA).

A number of eminent Sikh American organizations say that as the courts back in India are now probing the riots of 1984 and the way the brutalities and ruthless killings of Sikhs by the Indian Security Forces during that era, which is by no means over yet, it becomes imminent for Sikhs to demand a separate and Independent State where they can live their lives with complete religious freedom and without any mistreatment on the basis of their religion or race.

These Sikhs, who also enjoy the support of the Sikhs, living in Canada and England in particular and from the rest of the world in general, say that the Capitol Hill is the best platform to gain support for this very legitimate and legal cause and they would continue to convince US lawmakers and policy makers to extend their support to this just cause.

They say that they do not support militancy for such purposes and that was why they had adopted the most democratic and most appealing way of gaining the moral support for their cause.

The Indian Embassy in Washington, which was not invited to this event, what many term as a historic one, has said it has always stood for the protection of the interests of all Indian Americans including members of the Sikh American community.

Insiders in the Sikh American community, who worked behind scenes for the creation of the Sikh Caucus, said that the Indian Embassy officials had expressed displeasure to the US lawmakers over the move.

An official of a New York-based Sikh advocacy group said, this was one of the reasons that none from the Indian Embassy were present at the launch event, which for the pro-Khalistan group is being billed as their major "diplomatic victory" against India after a long time.

However, the lawmakers, after the input by the Indian Embassy have asserted that the goal of this caucus is to address the issue of "hate crime" against the Sikhs US, as the community has been a major victim of it post 9/11.

"Rest assured, this platform will not be used against India. We are aware of the strategic importance of India-US relationship," a Congressional aide said on condition of anonymity as he was not authorized to speak to the press.