New York: A U.S. Sikh human rights group has challenged a motion filed by India's Congress party for dismissing of a human rights violation case relating to the 1984 anti-Sikh violence.
The memorandum said the subject matter jurisdiction "is being invoked on the grounds of plaintiffs' being granted refugee status in the U.S." and the Alien Torts Statute (ATS) grants jurisdiction to U.S. Courts to hear the human rights violation cases committed outside the U.S.
The federal court in Manhattan is set to hear the arguments from SFJ and the Congress party on March 19 for and against continuation of the 1984 human rights violation case.
The Congress motion challenges both the court's jurisdiction and the legal standing of SFJ to file the case, and asserts that the statute of limitations has expired.
In support of its motion, the Congress has submitted a declaration claiming that the party had not received the U.S. court summons in accordance with the Hague Service Convention.
In support of the U.S. jurisdiction in the case, SFJ legal advisor Gurpatwant Singh Pannun, alleged that to mislead the U.S. court, the Congress, which is a political organization, had repeatedly mischaracterised its structure as "corporate".