July 16, 2013 | By Sikh Siyasat Bureau
New York, United States (July 16, 2013): The New York based human rights group “Sikhs for Justice” (SFJ) announced to serve the outstanding US Federal Court summons on Chief Minister Badal in India through Hague Service Convention. The Sikh rights group earlier offered $20,000/- to anyone who could successfully serve Badal with the summons as CM was scheduled to attend marriage in Milwaukee.
SFJ has retained the services of “Process Forwarding International” (PFI), a Washington based company to accomplish service on CM Badal in India. PFI is the official Process Server to “United States Department of Justice” and “US Department of State” and has extensive experience in executing service of process with authority using approved international law methods: the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil & Commercial Matters.
The Eastern District of Wisconsin gave SFJ until October 24 to serve the summons on CM Badal in human rights violation lawsuit. The rights group SFJ and the Plaintiff SAD (Amritsar), a political party in India, headed by Simranjit Singh Mann has moved the Court on behalf of its members, officers and supporters who have been extra judicially killed, illegally detained, tortured and abused during the relevant times by the security forces in Punjab operating under orders, command and control of defendants.
The complaint alleges that CM Parkash Badal and Deputy CM Sukhbir Badal, throughout their tenure “have actively shielded, protected and promoted the police who were or have been involved in gross human rights violations, extra judicial killings and torture”.
The SAD (Amritsar) activists further alleges that in retaliation of their August 2012 lawsuit, SAD-Badal regime in Punjab “unleashed a reign of terror, intimidation and abuse against the family members of named plaintiffs living in India and others who are associated with named plaintiffs in India”.
Gurpatwant Singh Pannun, legal advisor to SFJ, stated that “we will use Hague Service Convention to serve outstanding Federal summons on Badal in India to make him accountable before Wisconsin Federal court for protecting and commanding a police force responsible for torture and extra judicial killings of Sikhs in the state of Punjab.”
The Hague Service is a treaty signed by both India and United States which allows service of judicial papers between the signatory countries without diplomatic involvement, added attorney Pannun.
As per Hague Service treaty, a Central Authority has been established by the Government of India for receiving and serving judicial documents from foreign courts as provided under “Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters”. Under Article 15 of the Hague Service Convention service is considered complete once copy of Summons and Complaint is delivered to the Central Authority of India which is responsible to receive judicial documents from foreign courts.
The lawsuit against CM Badal has been filed under Alien Tort Claims Act (ATCA) and The Torture Victim Protection Act (TVPA) alleging that the defendants authorized, commanded, or directed the unlawful acts of the security forces operating under their command and authority.
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