A Sikh human rights group will ask a US court to subpoena Minister for Urban Development Kamal Nath in a case filed against him for his alleged role in the 1984 anti-Sikh riots,when a judge will hear arguments regarding his claim to diplomatic immunity on September 21. The outfit 'Sikhs for Justice' (SFJ),which has filed the case against Nath,said the minister's claim to 'special mission diplomatic immunity' is baseless because he has no support from the US Department of State. The group's legal advisor,attorney Gurpatwant Pannun,said Judge Robert Sweet of the US Federal Court for the Southern District of New York will hold an in person hearing on September 21 to record legal arguments and examine the evidence regarding Kamal Nath's claim of diplomatic immunity. Since Kamal Nath's statements regarding summons from the US court are self-contradictory and misleading,SFJ is going to ask Judge Sweet to issue a subpoena forcing Kamal Nath to appear before the US District Court and testify on this issue, Pannun said. He said SFJ would also urge Prime Minister Manmohan Singh to sack Nath. Pannun said Nath had attended a US-India business conference in April 2010,when he was served with summons. Nath was invited to the event not by the US government but by a private company. Additionally,Nath has failed to obtain 'Statement of Interest' from the US State Department in his support for immunity from prosecution in US federal court,Pannun said. Granting diplomatic immunity to Nath will be in clear violation of UN Convention on the Prevention and Punishment of the Crime of Genocide (1948) which categorically denies immunity as a defence to the crime of genocide and mandates prosecution, Pannun said. The summons were issued on April 6,2010 against Nath in a lawsuit,which sought compensatory and punitive damages for his alleged role in the anti-Sikh riots of 1984. Responding to the summons of the US federal court,Nath has claimed diplomatic immunity as he was on a special mission to New York in April 2010 when he was served the summons. SFJ filed its eight-page response on August 12 in US District Court,Southern District of New York to Nath's efforts to seek immunity.
