A US-based Sikh group Monday said it will challenge the decision of an American district court last Friday to dismiss alleged human rights violations case against Punjab Chief Minister Parkash Singh Badal.
The Sikh for Justice (SFJ),which had filed the case against Badal last year,said it will appeal against the order in the US Court of Appeals asking for a remand to depose Badal personally before a US Federal Judge on the issue of the service of summons.
SFJ has retained the services of a top Chicago based law firm and famed Super Lawyers Pavich Law Group with Ian Levin,a former US federal judge,who have experience in cases related to human rights violations filed under Alien Tort Claims Act and Torture Victim Protection Act,the rights group said in a statement.
In its order,the District Court in Wisconsin on May 17 ruled that Badal was never served with the court summons as being claimed by the Sikh for Justice. In fact judge Jynn Adelman,in his five page order,said that Sikh for Justice came out with creative but unconvincing argument that the court summons were served to Badal,which indeed was served by Christopher Kratochvil and his brother on behalf of SFJ to one Surinderpal Singh Kalra,believing that he was the Punjab Chief Minister.
In a statement,SFJ said the appeal to the US Circuit Court will be based on that Judge Adelman erred in his ruling while dismissing the law suit on the ground that it is a simple case of mistaken identity and a US Department of Justice interpreter received the summons instead of Badal.
Sikh for Justice in its court case alleged that Badal violated the Torture Victim Protection Act and the Alien Tort Statute in Punjab.