HUMAN RIGHTS
NEW YORK, NY - A US Process Server responsible for service of summons abroad pursuant to "Hague Service Convention" affirmed on July 20, before US Federal Court that the delivery of summons and complaint to the Central Authority of India was completed as required under the Hague Convention. The Hague process server urged the Federal Judge presiding over Sikh Genocide case to deny the Congress's July 13th claim that they have not received summons of the US court.
Earlier, on July 18 Judge Robert W. Sweet of US Federal Court reserved the decision on the issues of effective service of summons and personal jurisdictionBased on the evidence from Process Forwarding International (PFI) which is also official Process Server to "United States Department of Justice" and "United States Department of State", showing delivery of summons on Central Authority of India and Congress (I)'s headquarter in India, SFJ on July 20th filed a motion before Judge Sweet requesting: jurisdictional discovery; a declaration that service has been effected ; and leave to further amend the complaint to add the name of Sonia Gandhi, President of Congress Party.
SFJ's July 20th submissions to the court which includes affidavit of PFI, status report from PFI stating that "the process service request was received by the Indian Authorities 03/28/11 via Fedex, Tracking 794567536700. As of 07/17/12 no confirmation of service or any reason service would not be made has been received from the Indian Authorities."
Rick Hamilton, Director of PFI in his notarized statement to the court declares that "in March 2011, the plaintiffs (Sikhs for Justice) retained PFI to effect service pursuant to Hague Service Convention on Indian National Congress in India. On March 28, the summons, complaints and appropriate documentations and forms were delivered to the Central Authority in India" thus completing the requirements of service as per Hague Service Convention. Hamilton's affidavit further states that "unfortunately, it has been my experience with the Central Authority in India in recent years that they simply do not respond."
Central Authority of India has been established by Government of India for receiving and serving judicial documents from foreign courts pursuant to Hague Convention on Service Abroad of 1965 which has been signed by India and United States. Under Article 15 of the Hague Convention service is considered complete once copy of Summons and Complaint is delivered to the Central Authority.
According to attorney Gurpatwant Singh Pannun, legal advisor to SFJ, process server's evidence and status report showing delivery of summons to the Congress (I) office in Delhi clearly rebuts Motilal Vora's affidavit submitted in the US Court alleging that no summons have ever been received in India. The defenses of insufficient service and lack of personal jurisdiction taken by Congress in the pending charges of organizing genocide of Sikhs in November 1984, have become null and void by the PFI's evidence, added attorney Pannun.
In March 01, 2011, a class action law suit {SFJ v. Congress (I) SDNY (10 CV 2940)} was filed by "Sikhs For Justice" and victims of November 1984 Sikh Genocide under Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA) against Congress (I) the ruling political party of India for conspiring, aiding, abetting and carrying out Genocidal attacks on Sikh population of India in which more than thirty thousand Sikhs were killed.
