City-based `Sikhs for Justice` had filed a complaint in a court here against Nath in April, 2010 and an amended complaint a year later, alleging his involvement in aiding and abetting the anti-Sikh riots that had erupted in the country following the assassination of then Prime Minister Indira Gandhi.
In a 22-page order, Judge Robert Sweet of the US District Court Southern District of New York, granted a motion moved by Nath to get the complaint filed against him by SFJ dismissed. Sweet said: "the amended complaint as to Nath is dismissed" since SFJ did not serve the summons and its complaints to Nath in an appropriate and desired manner and neither did it fulfill its burden to establish that the New York court has jurisdiction over Nath.
SFJ had also filed a petition seeking a "default judgment" against the India`s ruling Congress party for its alleged failure to defend the charges of conspiring, aiding, abetting and organising attacks on Sikhs in November 1984.
Sweet, who was to rule on the petition today, has granted the Congress party an extension of two weeks to respond to the motion for the `default judgement.` The next hearing in the case has been scheduled for March 29.
SFJ had said that a woman had handed a copy of the summons to an individual outside the Indian Consulate here in April 2010 when Nath was visiting the US.
Sweet said the summons was not served directly to Nath and a street outside the consulate is not the appropriate place to serve a legal complaint to him.