US court dismisses 1984 case against Sonia Gandhi

June 11, 2014

New York, Jun 11: A US federal court in Brooklyn has dismissed a lawsuit filed by a Sikh rights organisation accusing Congress party president Sonia Gandhi of shielding party leaders allegedly involved in violence against Sikhs in November 1984.

Sonia Gandhis caseUS district judge Brian M. Cogan Monday granted Gandhi's motion to dismiss the case filed by New York based Sikhs For Justice (SFJ) for lack of subject matter jurisdiction and failure to state a claim.

But he denied Gandhi's motion for "anti suit injunction" seeking to prevent SFJ from filing any further law suits.

"Plaintiffs' claims under the ATS (Alien Tort Statute) must be dismissed for lack of subject matter jurisdiction because they are plainly barred under the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co," the judge ruled.

The Alien Tort Statute (ATS) is a US federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by non-US citizens for torts committed in violation of international law.

Since the court has dismissed Sonia Gandhi's plea to bar SFJ from filing further law suits, SFJ will continue to hold Congress leaders accountable before US Courts, SFJ legal advisor Gurpatwant Singh said.

Earlier, Gandhi had refused to provide copy of her passport to the US Court and conceded to the court's personal jurisdiction resulting in accomplishment of proper service of summons in the case.

The class action suit against Sonia Gandhi was filed by SFJ and victims of 1984 under Alien Tort Claims Act (ATCA) and Torture Victim Protection Act (TVPA).

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News Network
July 25,2020

New Delhi, Jul 25: Congress leader Priyanka Gandhi Vadra on Saturday attacked the Yogi Adityanath government over its handling of the Covid-19 crisis, saying that at a time when there is an "explosive" rise in cases, the state dispensation's "no test is equal to no corona" policy can lead to a "more frightening situation".

In a letter to the Uttar Pradesh chief minister, the Congress general secretary said that the situation is getting serious and the battle against the pandemic cannot be fought just by publicity and managing news.

Priyanka Gandhi said she hopes the chief minister will take "big and effective" steps that will assure people that the government is committed to protect their lives and they will not be left to God for protection.

"By showing the fear of coronavirus, corruption is thriving. If this is not reined in, the battle against coronavirus will turn into a disaster," Priyanka Gandhi said.

Noting that 2,500 cases of coronavirus were reported in UP on Friday, she said almost all the metros were flooded with Covid-19 cases, but now even the villages were not unaffected by its spread.

"Quarantine centres in UP are in a pathetic state. In some places, the situation is so bad, that people are fearing mismanagement more than the coronavirus. Because of such a scenario, they are not stepping out of their homes for getting tested," Priyanka Gandhi said.

"This is a major failure of the government," she asserted.

The state government by believing in the "no test = no corona" mantra has adopted a low testing policy, she alleged in the letter written in Hindi.

"There is an explosive rise in Covid-19 cases. Till testing will not be increased in a transparent manner, the fight against the pandemic will be incomplete and the situation can become more frightening," she said.

"Your government claimed that there is provision for 1.5 lakh beds, but with only about 20,000 active infected cases, there is a scampering for beds," she said.

If there is a huge crowd in front of the hospitals, then why is the UP government not constructing temporary hospitals on the lines of those set up in Mumbai and Delhi, Priyanka Gandhi asked.

Availing medical facility is the fundamental right of every citizen, she asserted.

"The prime minister is a Member of Parliament from Varanasi, the defence minister is from Lucknow, many other Union ministers are from UP. Why can't temporary hospitals be opened in Varanasi, Lucknow, Agra etc." Priyanka Gandhi asked.

She suggested that temporary hospitals can be operated by the Defence Research and Development Organisation (DRDO), the Army and the paramilitary, or if need be, the DRDO hospital can be brought to Lucknow.

Also, central facilities set up in Delhi can also be used for border districts, Priyanka Gandhi said, adding that their utilisation is not being maximised there.

Noting that home isolation was a good step, she said it should not be implemented in haste.

Informed decisions should be taken on key matters related to home isolation like what will be the arrangement for monitoring patients, who needs to be informed if the patient's condition worsens and what will the medical facilities cost in home isolation, she said.

What will be the arrangement for checking the temperature and oxygen level of the patients in home isolation, she further asked in the letter.

The government should do a complete mapping of it and give complete information at the local level to the public, Priyanka Gandhi said.

The Congress general secretary said that she realises, that often the state government feels that the Congress' suggestions are given only from a political point of view.

"This was evident from the response of your government while we were trying to get buses for UP workers who were walking home," she said.

"I want to assure you once again that protecting the health and life of the people of Uttar Pradesh is our biggest sentiment at this time. We are continuously striving with constructive support and a spirit of service," she said in the letter.

At this time when the pandemic is growing rapidly, the Congress stands with the people of UP and is ready to give full support to the state government, she said.

Tightening its grip over Uttar Pradesh, Covid-19 claimed a record 50 lives in the state on Friday as the deadly virus infected 2,667 people more in the largest single-day spike till date.

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News Network
April 3,2020

New Delhi, Apr 3: Jamiat Ulema-e-Hind leader Mahmood Madani on Thursday said that misbehaviour with doctors cannot be tolerated as they are working to protect everyone.

"We can only spread awareness about coronavirus that its only cure is by taking precautions. The government shared the precautions that people should not take part in any gathering, be clean and maintain social distance. After the reports, it will clear that how it is spread in the country," Madani told news agency.

"People who are objecting to testing in Lok Nayak Jai Prakash Narayan Hospital are very wrong and they should follow the instructions.

Hospital authorities and administration should talk to them. Today doctors are our soldiers who protect us and wrong behaviour with doctors cannot be tolerated," he added.

He further said that Jamiat wrote to the PM Narendra Modi that they will provide a place for 10,000 people in different states. Our workers also distributed food to one lakh people, he added.

People who attended a religious prayer meeting from March 13-15 at Markaz in the Nizamuddin area of Delhi were sent to Lok Nayak Hospital for coronavirus test on March 30.

The Union Ministry of Health and Family Welfare on Thursday said that there are 2,069 coronavirus positive cases in India, including 1,860 active cases, 156 cured/discharged/migrated people and 53 deaths.

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Agencies
August 7,2020

Kottayam, Aug 7: A trial court in Kottayam on Friday granted bail to Bishop Franco Mulakkal, accused of raping a nun in Kerala, with stringent conditions and directed him to be present on the dates of hearing of the case.

The Additional Sessions Court had cancelled the bail granted to the Bishop on July 13 for failing to appear for the trial and issued a Non Bailable Warrant against him.

Mulakkal was present in the Court on Friday when it considered the matter.

Granting bail, the court directed him not to leave the state till the chargesheet is read out to him on August 13 and to be present in court on the dates of hearing of the case.

The Court also directed him to offer fresh sureties and bail bonds.

On July 13, Mulakkal’s counsel had informed the court that his client could not appear as he had been in self quarantine due to his primary contact with a COVID-19 infected person.

The next day, the former Jalandhar Bishop had tested positive for coronavirus.

The prosecution informed the Court that Mulakkal had not produced the COVID negative certificate, to which the Court observed that the state Health Department can take necessary action on this issue.

The Supreme Court on Wednesday had directed Mulakkal to face trial as it dismissed his plea seeking discharge in the rape case lodged against him by the nun belonging to a congregation under Jalandhar diocese, saying there was no merit in his petition.

A bench of Chief Justice S A Bobde, A S Bopanna and V Ramasubramanian had told the counsel for Bishop that the court is not saying anything on merit, but is dismissing the plea on the issue of discharge from the case.

Mulakkal, in his plea had challenged the July 7 Kerala High Court order, dismissing his discharge plea in the rape case filed by the nun.

The High Court had asked the deposed Bishop of Jalandhar diocese to stand for trial in the rape case, which was registered on the basis of a complaint filed by the nun.

The senior priest of the Roman Catholic Church had filed the revision petition following the dismissal of his discharge plea by a trial court in March this year.

The rape case against the Bishop was registered by police in Kottayam district.

In her complaint to the police in June, 2018, the nun had alleged that she was subjected to sexual abuse by the bishop during the period between 2014 and 2016.

The bishop, who was arrested by the Special Investigation team, which probed the case, charged him with wrongful confinement, rape, unnatural sex and criminal intimidation.

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