Sikhs for Justice – 1984 Genocide Victims Seek Further Probe Against Jagdish Tytler; Next Hearing on February 19, 2013

Victims of 1984 anti-Sikh riots on Tuesday alleged in a Delhi court that the CBI had conducted an “unfair probe” in a case against Congress leader Jagdish Tytler and sought further investigation to ascertain his role in the killing of three persons in the massacre.

The victims told Additional Sessions Judge (ASJ) Anuradha Shukla Bhardwaj that CBI should examine Bollywood star Amitabh Bachchan and a former Delhi Police officer as witnesses as they were also seen in a CD, placed on record by the agency, standing near the body of then Prime Minister Indira Gandhi at Teen Murti Bhavan where Tytler was also present.

The court was hearing final arguments on the protest petition filed by riot victim Lakhwinder Kaur, whose husband Badal Singh was killed in the riots, challenging the CBI’s closure report and clean chit to Tytler in the case.

“To justify the closure report, CBI has relied on the CD supplied by accused (Tytler) to prove his plea of alibi that he was at Teen Murti Bhavan near the body of late Prime Minister Indira Gandhi. The CD mentions neither time nor date.

“In the said CD, R K Dhawan (former personal secretary of Indira Gandhi), Gautam Kaul (the then additional commissioner of police) and Amitabh Bachchan are also seen near the place where Tytler is shown to be standing. As such these three persons are natural witnesses to prove genuineness and reliability of the undated and untimed CD,

and adding that CBI chose not to examine these three persons.”

The court listed the matter for February 19. The CBI had given a clean chit to Tytler on April 2, 2009 claiming lack of evidence against him in the case pertaining to the murder of three persons on November 1, 1984, in wake of the assassination of Indira Gandhi.

Tytler’s alleged role in the case relating to killings of three persons in the riots, Badal Singh, Thakur Singh and Gurcharan Singh, near Gurudwara Pulbangash in North Delhi was re-investigated by CBI after a court had in December 2007 refused to accept its closure report.

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The Tribune – Anti-Sikh Riots; SC turns down plea for relief to 200 families

Legal Correspondent

New Delhi, January 4. The Supreme Court today dismissed a petition of a New York-based organisation, Sikhs for Justice, pleading for rehabilitation of about 200 families in Chandigarh affected by the 1984 anti-Sikh riots.

A Bench comprising Justices GS Singhvi and Gyan Sudha Misra, however, clarified that the riot-hit families were free to seek appropriate remedy for their grievances.

Arguing for the organisation, senior counsel Colin Gonsalves said these families were given Rs 3 lakh as relief and nothing more. The petition sought jobs and free ration for the victims on the lines of the rehabilitation package offered to migrant Kashmiri pandits affected by militancy in Jammu and Kashmir. “Those affected are certainly entitled to seek redress. You are a foreign body altogether as even your members are not Indians,” the Bench noted.

Gonsalves said his client had taken up a number of similar cases at the international level and that was why he had agreed to appear for the organisation. During arguments, the Bench asked as to whether the organisation was involved in terrorist activities in Punjab in the 1980s.

http://www.tribuneindia.com/2013/20130105/punjab.htm#17

The Tribune – US shootout: CM announces relief for victim’s kin

Jangveer Singh, Tribune News Service

Chandigarh, August 9. Punjab Chief Minister Parkash Singh Badal today visited the bereaved families of those killed in the shooting incident at Old Creek Gurdwara in Wisconsin, US. He also visited the injured in hospital, including Lt Brian Murphy who saved several lives.

He was accompanied by Indian Ambassador in US Nirupama Rao .Badal promised logistic support to the victims’ relatives.

He announced an ex-gratia grant of Rs 5 lakh for the next of kin of each of six victims. He also said Government would provide free education in medical, engineering or any other stream to the children of the deceased.

Case filed against Badal in US court

Meanwhile, the Chief Minister has been issued summons by a local court on charges of “overseeing the torture of Sikhs in Punjab”. A human right group, Sikhs for Justice, in a lawsuit filed in the district court for the Eastern district of Wisconsin, has claimed that the Chief Minister is responsible for shielding police officials responsible for custodial torture. The lawsuit has appealed for a jury trial. The chief minister has 21 days to answer the charges.

The NGO has taken up the case to generate awareness globally on the “extra -judicial killings of Sikhs” in Punjab at the hands of security forces, its attorney Gurpatwant Pannu claimed.

“The lawsuit aimed to send a message to political leaders that they would be answerable to international law and courts in case they indulged in human rights violations.” he said.

Meanwhile, the Chief Minister’s office claimed that marginalised elements looking for publicity and owing allegiance to SAD (Amritsar) chief Simranjit Singh Mann were behind the “civil suit”.

http://www.tribuneindia.com/2012/20120810/punjab.htm#5

The Asian Age – US court to hear 1984 anti-Sikh riots case against Congress

New York, 19 February 2012. A US court is set to hear March 15 a plea for ‘default judgment’ against India’s Congress party for failing to defend charges of conspiring, aiding, abetting, organising anti-Sikh riots in November 1984.

The case will be heard by Judge Robert W. Sweet of the US Federal Court in New York, according to Sikhs for Justice (SFJ), a US based community organisation, which filed a motion before the Court February 2 for such a judgement.

The US court had issued summons to Congress party on March 1 last year asking it to file its answer within 21 days in the class action law suit filed under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).

Initially, the Congress party responded to the summons through its attorneys Sabharwal, Nordin and Finkel and asked the court to grant additional time until June 24 to file the answer. But despite receiving the requested extension it failed to file an answer to the charges.

The plaintiffs will ask the court to order the Congress to pay $17.5 billion for rehabilitation of survivors and compensation for the life and property loss claims of more than 35,000 victims in 14 states, SFJ said.

According to SFJ legal advisor Gurpatwant Singh Pannun, the plaintiffs will also ask the US Court to issue ‘Letters Rogatory’ for the appearance of Justice G.T. Nanavati who probed the 1984 anti-Sikh riots. (IANS)

http://www.asianage.com/india/us-court-hear-1984-anti-sikh-riots-case-against-congress-963 

The Tribune – Heritage Complex; No film star invited, says Akal Takht chief

Perneet Singh, Tribune News Service

Amritsar, November 22 Following protests by various Sikh organisations, Akal Takht Jathedar Giani Gurbachan Singh today said the inauguration of Virasat-e-Khalsa (Khalsa Heritage Complex) in Anandpur Sahib on November 25 would take place as per the Sikh traditions and no film star had been invited to the event.

The state government had planned to invite film stars Amitabh Bachchan and Hema Malini apart from singers Asha Bhonsle and Jaspinder Narula for the inauguration ceremony. Some Sikh organisations were particularly angry at the invitation to Bachchan, alleging that he was one of those who had instigated the anti-Sikh riots in 1984.

Addressing a press conference here this evening, the Akal Takht chief said: “There will be recitation of Gurbani Kirtan. The Sikh high priests, SGPC members, representatives of the government, Sikh organisations and heads of different religions will participate in the momentous occasion,” he announced.

He clarified that Bachchan had not been invited. On a query regarding Asha Bhonsle, he said: “There will be only recitation of Gurbani in the presence of Guru Granth Sahib.” On the participation of BJP president Nitin Gadkari, he said anybody could pay a visit to a gurdwara.

Former SGPC secretary Manjeet Singh Calcutta, the All-India Sikh Students Federation and Sikhs for Justice (SFJ) had approached the Akal Takht Jathedar to stop the SAD-BJP government from inviting film stars for the inauguration of the Khalsa Heritage Complex.

In his letter to the Jathedar, Calcutta had said that the event should be held under the guidance of the Akal Takht and Sikh intellectuals, writers, historians, generals and sportspersons invited so that they could be a role model for the next generation of Sikhs.

http://www.tribuneindia.com/2011/20111123/punjab.htm#5

Sikhs for Justice – November 1984 Sikh victims are denied justice – Canadian Law Makers

Several hundred Canadian Sikhs stood strong together outside the Parliament of Canada today to remember the victims of November 1984 and were greeted warmly by Canadian lawmakers, who acknowledged the need to pursue justice by bringing the perpetrators of such violence to trial.

The demand for justice outside the Parliament of Canada also echoed in the chambers of the House of Commons when Conservative MP Parm Gill (Brampton-Springdale) stood to raise the issue of denial of justice and to advocate for perseverance until justice is fully served to the victims of November 1984. “Mr. Speaker 27 years ago today following the assassination of Indira Ghandi thousands of innocent Sikh men, women and children were mercilessly killed in the streets of Delhi and other parts of India.

During this violence at great risk to themselves, Hindus, Muslims, Christians and others sheltered and rescued their Sikh neighbors from the mobs.  As Prime Minister Singh stated in his apology on behalf of the nation in 2005, what took place in 1984 is the negation of the concept of nationhood enshrined in our constitution.  He also said ‘I bow my head in shame that such a thing took place.’  Last year, during his trip to Canada Prime Minister Singh also indicated that the perpetrators of these crimes need to be brought to justice and I agree Mr. Speaker.”  Stated MP Parm Gill.

The Honorable Jim Karygiannis, MP (Scarborough-Agincourt) and former law maker Sheila Copps, who is currently running to become the President of the Liberal Party of Canada, while addressing the justice rally, emphasized the need for accountability and the denial of justice to the victims of November 1984.

Navkiran Singh, Advocate Supreme Court of India and Chief Legal Counsel for Sikhs for Justice in India stated “The recognition that justice has been denied is a huge step forward.  For too long, it has been easy for the people behind these crimes to hide behind the political machine in India to skirt justice.  Today, Canadian lawmakers are helping us publicly and behind the scenes to raise the issue in India.”

Gurpatwant Singh Pannun, a human rights lawyer and Legal Advisor for Sikhs for Justice stated that “The Genocide that took place in November 1984 will never be forgotten, nor will we stop in our pursuit of justice.   Families were destroyed and the impact transcends generations.  It’s not just the older generation, but our young people feel the impact too. Over the past few months, there have been startling discoveries of new evidence relating to the events of November 1984, which clearly show that Sikhs, a religious minority, were intentionally, deliberately and systematically attacked and killed.”

Jatinder Singh Grewal, Sikhs for Justice Youth Coordinator while addressing the rally stated “Today’s rally was another step in the right direction for our community.  Our emotions run deep during this time of year.  It feels like we’re making headway with politicians in Canada and internationally, who recognize that justice must prevail.  I’m truly proud to be Sikh and I’m proud to be a Canadian.”

Sikhs for Justice (SFJ) a human rights advocacy group with the support of Gurudwaras across the country is spearheading the justice campaign for the victims of November 1984, pleading with Members of Parliament to take up their cause. The goal is to introduce a motion in Parliament to debate whether organized killing of Sikhs in India during November 1984 was “Genocide” as defined in Article 2 of the UN Convention on Genocide.

“Canadian Sikhs have launched a signature campaign to press on the newly elected Parliament to stand with the victims of November 1984 by conducting a debate on the issue of Sikh Genocide. SFJ aims to collect 100,000 signatures in support of the community’s demand to bring forward a Genocide Motion in Parliament” added attorney Pannun. In June 2010, a petition sponsored by former MPs Sukh Dhaliwal and Andrew Kania asking the Canadian government to recognize the Sikh Massacre of November 1984 as “Genocide” was presented in Parliament.

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The Times of India – 1984 anti-Sikh riots: Hundreds of Sikhs against Kamal Nath in Belgium

P Singh

Jalandhar, 14 October 2011. Several hundred Sikhs protested in Leuven, Belgium in front of the Central Library where urban development minister Kamal Nath attended the 5th EuroIndia Summit on Thursday.

The protestors were demanding that Nath be prosecuted under Belgium’s law for his alleged role in 1984 anti-Sikh riots in Delhi. The protest rally was organized by Sikh organization of Europe, including Sikh Council of Belgium and management committees of European Gurudwaras.

Hundreds of Sikhs converged from UK, Italy, Holland, Germany and other parts of Europe to protest against him.

Human rights body ‘Sikhs For Justice’ (SFJ), which is also spearheading a legal battle against Nath in a US Federal Court, has announced that as Belgian government has not initiated criminal proceedings they would start a private prosecution against him in a Belgian court.

Gurpatwant Singh Pannun, legal advisor to SFJ said that through private prosecution they would force the Belgian government to take a stand against Nath.

Earlier SFJ had written to Belgian Prime Minister to deny entry to Nath and to initiate a criminal prosecution against him for his role in genocide. The Belgium’s law provides “extra territorial jurisdiction” to criminally prosecute individuals for crimes against humanity and genocide committed outside Belgium. “Belgium law of extra territorial jurisdiction does not provide immunity to any head of the states or dignitaries. Under this law, criminal prosecution was initiated against Ariel Sharon, former Prime Minister of Israel for his role in the 1982 Sabra-Shatila massacre in Lebanon,” SFJ’s Pannun had argued. (TNN)

http://timesofindia.indiatimes.com/india/1984-anti-Sikh-riots-Hundreds-of-Sikhs-against-Kamal-Nath-in-Belgium/articleshow/10350273.cms

Pictures supplied by Sikhs for Justice

Sikhs for Justice – Kamal Nath in Belgium on 13 October 2011

Write to Belgian PM and Minister for Justice asking to deny him entry into Belgium and to initiate criminal proceedings against him

Dear all,

Kamal Nath who led the attack on Gurudwara Rakab Ganj Sahib, Delhi in November 1984 in which many Sikhs were burnt alive, is scheduled to be in Belgium on October 13, 2011 to attend and address the 5th EuroIndia Summit.

For the past 27 years, victims of November 1984 Sikh Genocide have been waiting for justice and as we all know that not a single leader of Congress Party has ever been convicted.

Belgium’s law provides a unique opportunity to the victims of massacre to prosecute the killers and perpetrators in Belgium even when the crime is committed outside Belgium.

Now that Kamal Nath is going to be in Belgium on October 13, let’s join hands in asking the Belgian Government to take action against Kamal Nath.

Email the letter (English, French, Dutch and German) to Belgian Prime Minister and Minister for Justice.

Honorable Yves Leterme
Prime Minister of Belgium
Beleidsorganen en Secretariaat van de Eerste Minister
Wetstraat 16 1000 Brussel
T. Landline : 02/501.02.11
Email:  info@premier.fed.be 

Stefaan De Clerk
Minister van Justitie
Waterloolaan 115 1000 Brussel
Phone: 02 / 542 80 11
Fax: 02 / 542 80 00
Email:  stefaan.declerck@just.fgov.be

If you want copies of the model letters please contact
Harjindersingh_amritsar@yahoo.com

Sikhs for Justice
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 New York, NY 10118, USA  
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Sikhs for justice – Sikh Group Seeks Arrest Warrant of Kamal Nath in Belgium

“Nath” to address the 5th EuroIndia Summit on October 13, 2011, Belgium

Sikhs for Justice (SFJ) a human rights groups spearheading prosecution of those responsible for November 1984 Genocide of Sikhs, has sought criminal prosecution and arrest warrant of Kamal Nath during his upcoming visit to Belgium for his role in massacre of Sikhs in November 1984.

Kamal Nath, India’s Minister for Urban Development is scheduled to attend and address the 5th EuroIndia Summit on October 13, 2011 in Leuven, Belgium. Taking the opportunity of Kamal Nath’s upcoming visit to Belgium, victims of November 1984 Sikh Massacre has approached Belgian government to initiate criminal prosecution and arrest Nath for his role in organizing killing of Sikhs.

Belgium’s law provides for “extra territorial jurisdiction” to criminally prosecute individuals for crimes against humanity and genocide committed outside Belgium. Belgium law of extra territorial jurisdiction does not provide immunity to any head of the states or dignitaries. Under this law, criminal prosecution was initiated against Ariel Sharon, former Prime Minister of Israel for his role in the 1982 Sabra-Shatila massacre in Lebanon.

According to attorney Gurpatwant Singh Pannun, SFJ is committed to prosecute to the fullest extent of law, civilly and criminally, those responsible for killing of Sikhs in November 1984. In April 2010, SFJ initiated civil proceedings against Nath in US Federal Court resulting in issuance of Summons. Since Belgian law provides for criminal prosecution of those involved in crimes against humanity, SFJ is seeking prosecution of Kamal Nath in Belgium during Nath’s upcoming visit.

This criminal prosecution can result in issuance of arrest warrants for Kamal Nath by the Belgium Court, added attorney Pannun.

Sikhs have approached Belgium Prime Minister Honorable Yves Leterme apprising him of Kamal Nath’s role in massacre of Sikhs and urging to ban Nath’s entry into Belgium. “Nath’s entry will become a black spot on Belgium’s impeccable record of commitment to human rights and will violate Belgium’s long held position on “Crimes Against Humanity”. A killer like Kamal Nath has no place alongside Belgian leaders and citizens who have always carried the flag of human rights”, states the letter sent to the Belgium Premier.

SFJ announced that on October 13, 2011, Sikh community will hold a protest rally in Leuven, Belgium where Kamal Nath will be attending and addressing the 5th EuroIndia Summit.

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