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US Court of Appeals dismisses human rights violation lawsuit against Punjab CM Badal for non-service of summons

November 28, 2013 | By

Chicago, United States (November 27, 2013): The rights group “Sikhs for Justice” will file an appeal with the US Supreme Court challenging the Court of Appeal’s order dismissing the human rights violation case Punjab Chief Minister Parkash Badal. On November 26, a US Court of Appeals in Chicago dismissed the case on the ground that SFJ did not effectuate service of the Federal Court summons on CM Badal. The appeals court’s November 26 order by Judge Richard Posner of the 7th U.S. Circuit Court of Appeals while dismissing the appeal gives SFJ the right to re-file the lawsuit against CM Badal.

Sikhs for Justice (SJF) challenges dismissal of Human Rights case against Parkash Singh Badal in US court of appeals

The rights group will file a petition for writ of certiorari before the US Supreme Court to review the judgment of court of appeals in rights violation case against Badal. SFJ’s Petition for Writ of Certiorari to the Supreme Court will include a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. The plaintiffs have till February 24th to file the writ with US Supreme Court challenging the court of appeals order.

Rights group’s appeal to the Court of Appeals argued that 30 days given to plaintiffs were not sufficient to complete jurisdictional discovery to find out whether it was Kalra or Badal who was served at Oak Creek High School or Kalra’s testimony was fabricated or influenced by the agents of Chief Minister.

The order of Judge Posner holds that “it would have been reasonable to grant another 30 days for more discovery, but not reversible error that U.S. District Judge Lynn Adelman thought otherwise”. “We are reluctant to become enmeshed in challenges to a district court’s management of pretrial discovery—especially a challenge complaining that the district judge imposed deadlines that were too tight; for the greater problem in the management of pretrial discovery is the common failure to impose tight deadlines.”

According to Gurpatwant Singh Pannun, legal advisor to SFJ, since Rules of US Supreme Court only allow appeals involving “compelling reasons”, rights group is going to present the evidence of a foreign nation’s involvement in administration in CM Badal’s case. The agents of Punjab Chief Minister influenced the testimony of Kalra who then claimed to have been served instead of Badal. These actions of CM Badal amount to obstruction of justice which is a “compelling reason”, warranting Supreme Court’s intervention in this case” added attorney Pannun.

Sikhs for Justice (SFJ) and SAD (Amritsar) filed a human rights violations case against Badal on charges of commanding a police force which is responsible for extra judicial killings and continuous human rights violations against the Sikh community in Punjab. Parkash Badal has been head of the State of Punjab for more than twelve years from 1997 till 2002 and from 2007 till present and there have been several hundred cases of extrajudicial killings, police tortures and human rights violations during this time.

The Plaintiffs Jeet Singh, Gurdeep Kaur and Jagtar Singh of SAD (Amritsar) have alleged that their families in India are being threatened and are being forced by the Badal administration to withdraw the human rights violations case against Chief Minister. SAD (Amritsar) President Simranjit Singh Mann also submitted an affidavit to the court affirming the torturer of his party workers at the hands of police forced headed by CM Badal and the recent threats received by the family members of the plaintiffs in India by DIG Ananya Gautam.

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