The case filed by Sikhs for Justice (SFJ) was dismissed by Judge Robert Sweet of US District Court last month on the grounds that the group failed to show sufficient "touch and concern" to the United States. Swwet had, however, ruled that "a corporate defendant can be liable under the Alien Torts Statute (ATS), assuming that the statute's 'touch and concern' requirements are adequately alleged".
SFJ said the case sufficiently "touches and concerns" the US and it has "institutional standing" to seek "declaratory judgment" on the November 1984 violence against the Sikh community. Commenting on the appeal made by SFJ, Congress party's attorney Ravi Batra said on behalf of the party and its chief Sonia Gandhi, "we look forward to arguing" in the apeeals court that "justice was done, the law followed, sovereignty honored" when Sweet ordered the dismissal of the case.
SFJ said its appeal is based on grounds that the victims group claim is not barred under a US Supreme Court ruling as plaintiffs have already been granted refugee status by California Federal Court for being victims of violence allegedly committed by the Congress in India which proves "touch and concern" and sufficient connection to America. The SFJ appeal claims that federal law grants "institutional standing" to human rights groups to seek "declaratory judgments" by US courts. SFJ is seeking judgment to declare November 1984 violence against the Sikh community as "genocide".