The court will hear the case on December 2, Sikhs for Justice (SFJ) said, adding that its appeal is based on grounds that the victims’ claim against the Congress is not barred under US Supreme Court since plaintiffs in the case have been granted refugee status by California Federal Court for being victims of the 1984 violence.
Legal advisor to SFJ attorney Gurpatwant Singh Pannun said federal law grants “institutional standing” to human rights groups to seek “declaratory judgments” by US Courts.
SFJ is seeking judgement to declare November 1984 violence against the Sikh Community as “genocide”.
He said victims of the 1984 riots are pursuing their case in an international court after exhausting all judicial remedies in India and there has been denial of justice and impunity to those who orchestrated the attacks for the last 30 years.
The rights group plans to submit a ‘1984 Sikh Genocide’ report to UN Secretary General Ban Ki-moon on November 7.
The case has been filed against the Congress party under Alien Torts Statute for genocide, rape and extra judicial killings; and for aiding and abetting the crimes.