The motion filed on Friday challenges the court’s jurisdiction, the legal standing of Sikhs for Justice (SFJ), a New York-based human rights group, to file the case, and asserts that the statute of limitations has expired.
In support of its motion, Congress has again submitted a 2012 declaration filed by party treasurer Motilal Vora claiming that the US Court summons have not been received by the party in accordance with the Hague Service Convention.
He has also denied any relationship between the Congress party of India and Indian National Overseas Congress.
SFJ has been given time till February 17 to respond to Congress’s motion to dismiss, according to SFJ’s legal advisor Gurpatwant Singh Pannun.
Pannun alleged that the Congress party has attempted to mislead the US Court by submitting a two year old declaration by Vora which has already been disregarded by the US Court.
In its September 19 decision, the court has already ruled that Congress has been properly served under Hague Service Convention and granted permission to conduct jurisdictional discovery to unearth the connection between INC and INOC, he claimed.
To challenge Congress’s motion to dismiss, SFJ will submit evidence of most recent appointment of office bearers of INOC by Congress party officials, Pannun said.
In March 2011, the US Court had issued summons against the Congress party in the class action law suit filed under Alien Tort Statute (ATS) and Torture Victim Protection Act.