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This is an archive article published on January 25, 2011

Nath case: US says immunity question under review

The immunity question remains under review by the State Department.

The US today said that diplomatic immunity to Urban Development Minister Kamal Nath from appearing in a civil lawsuit filed in New York continued to be “under review” of its State Department and indicated that it was not intervening at this stage as key issues of the case were not yet definite.

“The immunity question remains under review by the State Department; we have not made any determination on this point,” the US Embassy said here in a statement. “We understand that the plaintiffs have until February 9 to file an amended complaint. We also understand that there may be a factual dispute as to service. At this point it is unclear whether there is any live action against Minister Nath and what its content might be,” the statement said.

Yesterday,The Sunday Express had written that the US State Department had declined to provide immunity to Kamal Nath who was summoned in a civil lawsuit filed in a New York court last April alleging his involvement in the 1984 anti-Sikh riots in New Delhi.

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Responding to an Indian demarche asking Washington to intervene and annul the case,the State Department had argued that the matter was between Kamal Nath and the NGO,Sikhs for Justice,and that it doesn’t have any locus standi and,therefore,can’t intervene.

A spokesman for the Minister’s legal team had told The Sunday Express that the summons was never served as procedures were not followed.

As per norms,the summons should have been served by a court-authorised server or an apprised person. And the court must have the minister’s signature for having received the summons or there should be a “proof of service” before the court can issue a certificate of default,he had said.

The US statement added: “As Commerce Minister and more recently as Roads and Highways Minister,Kamal Nath has been a strong advocate and an important partner of the United States in deepening our trade and economic relationship.  We look forward to continuing to work closely with him in his new capacity as Minister for Urban Development,particularly as we explore opportunities to develop new partnerships between our countries’ cities.”

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