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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February 17,2020

New Delhi, Feb 17: Four death row convicts in the 2012 Nirbhaya gang rape and murder will be hanged on March 3 at 6 am a Delhi court said on Monday.

The Patiala House Court on Monday issued fresh death warrants against four convicts while hearing a petition by the state and Nirbhaya's parents.

Earlier, Delhi High Court on February 5 granted a week's time to the four convicts to avail of all legal remedies available to them and said that the convicts cannot be hanged separately since they were convicted for the same crime.

A Delhi Court had earlier issued a death warrant against the four convicts -- Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh -- on January 7 and they were scheduled to be executed on January 22 at Tihar Jail. Later, the execution was suspended indefinitely by a Delhi court.

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March 20,2020

New Delhi, Mar 20: The government on Thursday said one Indian who tested positive for coronavirus has died in Iran while the other citizens infected with the disease are being provided treatment and taken care of by the Iranian government.

Noting that the virus tends to be more fatal for those whose immunity levels are low, a senior MEA official said the deceased, an elderly person, belonged to the vulnerable age group and had health-related complications.

The death was not because of lack of medical attention or care, he said.

"We have evacuated 590 people from Iran where the situation is very severe. The Indians infected with coronavirus in Iran have been segregated and taken care of very well by the government there. We believe they will recover and we will bring them back," the MEA official said, adding that 201 Indians were evacuated from Iran on Wednesday.

The official said closely knit families required some persuasion and counselling during the process of segregation to prevent the spread of the contagion.

The Indian ambassador and other officials explained the consequences of infected people not being separated from their families and were successful to a large extent in segregating the positive cases from the negative ones, he said.

"Some pilgrims and students are still there and our embassy and mission are in control (of the situation)," the official said.

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January 18,2020

Kanpur, Jan 18: Kanpur has witnessed an Unnao-like incident as the out on bail accused in rape case attack the family members of the victim. The mother of the victim, who later died in the hospital, was brutally attacked by the accused. The accused reportedly attacked the victim's mother and her aunt on January 8.

The actual rape case goes back to 2018 when a group of men abducted a minor girl from her own society. The accused had reportedly raped her and also beaten up her mother.

A video of mother being beaten up reportedly went viral soon after.

The mother of the victim had reportedly filed a complaint against one of the accused for abducting and molesting her daughter two years ago at a tannery falling under jurisdiction of Chakeri police station. The main accused along with five others was booked under section 354 of the IPC (sexual assault of children) and sent to jail. Around two weeks ago, the accused got bail and on January 9 they attacked the deceased and her sister.

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