*

Thursday, April 08, 2010

Indian Justice via US and British courts
**

When Times of India carried the news about a process served on Kamal Nath,
India’s Union minister, by a US court at the instance of a New York based
organisation: Sikhs for Justice, for alleged involvement in 84 riot crimes,
the signal has gone out to 150 million Muslims too, that there is a new
route to get justice  for crimes in India committed against them in communal
riots, if they too could move relevant courts in US and UK, seeking relief
under Alien Torts Claims Act, through proper representations, to seek
‘compensatory
and punitive damages for several allegations, including crimes against
humanity, degrading treatment and wrongful killing.’ The trend seems to have
started with Palestinian organisations in UK, filing court cases in UK
against Israeli government for its invasion of Gaza and war crimes committed
by its forces. The first celebrity to face the prospect of arrest was
Israel’s former Foreign Minister, Tzipi Livni, who cancelled her planned
visit to UK, at the eleventh hour, after being informed of the process
issued against her by a London court. There have been rumours in various
circles about leaders from India’s extremist political organisations being
under threat of court proceedings against their role in communal
riots.Bollywood Music director Nadeem Saifee was saved by British
courts, who were
not sympathetic to Indian government’s record in treatment of its Muslim
minority. Nadeem filed for huge compensations and India government had to
make the payment in UK. Recently, a move is being discussed against Rediff
web service, for posting highly inflammable and defamatory articles on its
site. The parent company of Rediff is listed in the US and may be liable to
the jurisdiction of US courts on defamation and hate crimes. It will be a
sad day for Indian judiciary, if cases may be filed with International Court
of Justice, for crimes committed in India addressing to human rights and
genocide. India government has still to move against perpetrators of
murders, arson, loot during the Mumbai riots even after 20 years. The
majority of victims had been Indian Muslims and the prepatrator of the
crimes are roaming free, even though formally identified by a government
appointed Sri Krishna Commission.



Ghulam Muhammed, Mumbai

[email protected]

www.GhulamMuhammed.Blogspot.com <http://www.ghulammuhammed.blogspot.com/>



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http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2010/04/08&PageLabel=21&EntityId=Ar02100&ViewMode=HTML&GZ=T

 ’84 riots: US court summons Kamal

New York: A US federal district court has summoned road transport and
highways minister Kamal Nath for his alleged role in the 1984 anti-Sikh
riots based on a case filed by a Sikh outfit.

    In the civil case filed under the Alien Torts Claims Act, the
petitioners sought compensatory and punitive damages for several
allegations, including crimes against humanity, degrading treatment and
wrongful killing.


**

    Nath, who is incidentally here on a visit, said he was “surprised and
appalled’’ as the case has been filed 25 years after the anti-Sikh riots in
India.


    “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. It was for the first time that
I saw it,’’ Nath said. He has been served a notice and has to respond within
21 days, failing which the court will give a default judgment on the matter.


    “A piece of paper was given to me. I will have to see what the piece of
paper is all about,’’ he said. Nath stressed that he had never been charged
in any court. “Nobody has ever charged me in India. But if the US charges me
25 years later for something that has happened in India... well it just
reflects on the authenticity,’’ he said.


    “For the last 25 years I wasn’t involved...suddenly in 2010 I get
involved...There was nobody who stood up and said that he was a victim or
that I was in any way connected. So I’m surprised and appalled.’’


    The case was filed by two Sikhs, Jasbir Singh and Mahinder Singh, on
behalf of New York-based organisation Sikhs for Justice.


    Their attorney Gurpatwant Pannun claimed Jasbir lost 24 members of his
family and Mahinder, who was two years-old then, lost his father.


    “In India it is impossible to hold human rights violators,’’ Pannun
said. The Sikh group said that they are acting now because they have given
up hope for action to be taken in India. “We waited for all these years
because commissions were being set up...there was hope but because of his
position Kamal Nath has successfully avoided justice for 25 years,’’ said
Pannun.  AGENCIES
*

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