US District Judge Brian Cogan granted Sonia Gandhi’s motion to dismiss the complaint filed by Sikhs for Justice or SFJ for 'lack of subject matter jurisdiction and failure to state a claim'
A US court in New York has dismissed a lawsuit against Congress president Sonia Gandhi in a 1984 anti-Sikh riots case filed by a Sikh group, ruling that she cannot be held 'personally liable' but did not bar the group from bringing fresh litigation against her.
In a 13-page order, US District Judge Brian Cogan granted Gandhi’s motion to dismiss the complaint filed by Sikhs for Justice (SFJ) for 'lack of subject matter jurisdiction and failure to state a claim'.
He, however, denied the request by Gandhi that the court should impose an 'anti-suit injunction' prohibiting SFJ from bringing further lawsuits.
Cogan said the court cannot consider Gandhi to be personally liable based upon the allegations of extra-judicial killings or torture when she only became Congress president in 1998, more than a decade after the 1984 riots.
He said the anti-Sikh riots occurred almost 30 years before SFJ and the plaintiffs filed the lawsuit, and 'the statute of limitations poses an obvious hurdle for plaintiffs'.
Responding to the order, Gandhi’s attorney Ravi Batra told PTI that justice has been “well served” as SFJ’s “ill-conceived merit-less publicity-case” has been dismissed.
However, SFJ legal advisor GS Pannun said that since the court has not granted Gandhi’s plea to bar SFJ from filing further lawsuits relating to the 1984 anti-Sikh riots, the group would “continue to hold the Congress leaders accountable before US courts for their role in organising systematic killing of Sikhs.”
Inside story of the National Stock Exchange’s amazing success, leading to hubris, regulatory capture and algo scam
Fiercely independent and pro-consumer information on personal finance.
1-year online access to the magazine articles published during the subscription period.
Access is given for all articles published during the week (starting Monday) your subscription starts. For example, if you subscribe on Wednesday, you will have access to articles uploaded from Monday of that week.
This means access to other articles (outside the subscription period) are not included.
Articles outside the subscription period can be bought separately for a small price per article.
Fiercely independent and pro-consumer information on personal finance.
30-day online access to the magazine articles published during the subscription period.
Access is given for all articles published during the week (starting Monday) your subscription starts. For example, if you subscribe on Wednesday, you will have access to articles uploaded from Monday of that week.
This means access to other articles (outside the subscription period) are not included.
Articles outside the subscription period can be bought separately for a small price per article.
Fiercely independent and pro-consumer information on personal finance.
Complete access to Moneylife archives since inception ( till the date of your subscription )
