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Badal seeks dismissal of US human rights
case
Friday December 28, 2012 12:27:49 PM,
IANS
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Washington: Punjab
Chief Minister Parkash Singh Badal has sought dismissal of a human
rights violation case filed against him in a US court on the
ground that he was not served the court summons.
In support of motion to dismiss the lawsuit against Badal,
attorney Michelle Jacobs stated that since "the defendant has
presented clear and convincing evidence that Badal was not served
so the case should be dismissed for invalid service."
The dismissal plea was filed after two special agents of US State
Department's Diplomatic Security Service told the Wisconsin
federal court that Badal was not served with summons in the human
rights violation lawsuit.
The special agents have submitted sworn statements to the court
where a New York based Sikh group, Sikhs for Justice (SFJ) has
filed a case against Badal for commanding a police force that
allegedly tortured Sikhs in Punjab.
According to the sworn statements of special agents Martin O'Toole
and David Scharlat, who were on Badal's security detail during his
August 2012 visit to the US, he was "not at the Oak Creek High
School or in Oak Creek, Wisconsin on August 09, 2012".
Badal, who visited the US shortly after the Oak Creek Gurdwara
shooting, was "at the Boelter Superstore in Milwaukee" at 4:50 PM
when according to SFJ he was served the US court summons.
However, SFJ has said it was determined to continue with the case
against Badal and has delivered the US federal court summons
issued against Badal to the Central Authority of India as required
under the Hague Convention.
The plaintiffs have also requested the court to subpoena Badal so
that he could be cross examined and identified in the court by the
plaintiffs' process server who served the summons on him on Aug 9
at Oak Creek High School, SFJ said.
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