Singh accused of culpability in religious violence in Punjab.
By Deepak Chitnis
WASHINGTON, DC: The concept of immunity for diplomatic officers is still a touchy issue between the US and India, and has now reared its ugly head again as the Sikhs for Justice (SFJ) advocacy group decries the Obama administration for suggesting that former Indian Prime Minister Manmohan Singh be given immunity from allegations that he sanctioned a hate crime several years ago.
Last month, the US Department of Justice submitted an official “suggestion of immunity” to President Barack Obama’s administration, saying that it was in the best interest of both countries to dismiss the pending allegations against Singh for his supposed role in a number of religiously motivated attacks in the state of Punjab in the 1990s, which left thousands dead.
The immunity suggestion was apparently submitted at the insistence of the Department of State, which said that Singh is protected under the Foreign Sovereign Immunity Act, a piece of legislation that protects foreign heads of state from criminal prosecution during their time in office. The actual “suggestion of immunity” document says that the US does not view any merit in the plaintiffs’ case, as well.
“The Department of State recognizes and allows the immunity of Prime Minister Singh as a sitting head of government from the jurisdiction of the US District Court in this suit,” the State Department said, in a letter to the Justice Department in April.
“In light of his current status as India’s head of government, the Republic of India has asked the Department of State to take the steps necessary to have this action against the prime minister dismissed on the basis of his immunity from jurisdiction as a sitting foreign head of government,” the State Department said.
On Monday, however, the SFJ went to federal court in Washington, arguing that the mere suggestion to dismiss the case against Singh is irresponsible and also invalid. Their main argument is that the Foreign Sovereign Immunity Act is no longer applicable to Singh, as he abdicated his position as Prime Minister on May 26, the day that Narendra Modi ascended to the seat.
SFJ just suffered a defeat in their human rights against Sonia Gandhi, which was dismissed “with prejudice” earlier this month, and does not want the same thing happening to this case, too. The US government filed a summons against Singh related to this case, which was initially lodged last year in September, when Singh made his last visit to the US as India’s Prime Minister.