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
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’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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