US Federal Court Summons Badal for Human Rights Violations

Madison, Wisconsin—Yesterday, the United States District Court for the Eastern District of Wisconsin issued Summons against the visiting Chief Minister of the State of Punjab, Parkash Badal, on the charges of police custodial torture and shielding Police officers such as DGP Sumedh Saini and others who are responsible for extra judicial killings and continuous human rights violations against the Sikh community in Punjab.

The lawsuit against visiting Indian Minister Badal was filed by Sikhs For Justice (SFJ), a human rights advocacy group, Shiromani Akali Dal SAD (Amritsar), an opposition political party in Punjab, and individual victims of police torture. It has been docketed (12-C-0806) with the United States District Court for the Eastern District of Wisconsin.

The August 8th US Court summons against the Chief Minister of the State of Punjab, Parkash Badal, gives him twenty one (21) days to answer the charges of torture, the practice of impunity to the police officers responsible for extrajudicial killings, and the continuous human rights violations against Sikhs in the State of Punjab in India.

The lawsuit against Minister Badal seeks a jury trial and certification of ‘Class” consisting of any and all individuals who have ever been tortured during the Badal regime.

Parkash Badal has been head of the Government in the Indian State of Punjab for more than twelve years from 1997 until 2002 and from 2007 until the present. During Badal’s tenure there have been several hundred cases of extrajudicial killings, police tortures and human rights violations.

Not even a single police officer in charge and responsible for the extra judicial killings has been investigated or prosecuted by the Badal administration.

Citing the recent extrajudicial killings of Jaspal Singh in 2012, Sohan Singh in 2011, Shaminder Singh in 2011 and Darshan Singh in 2009, attorney Gurpatwant Singh Pannun, legal advisor to SFJ stated that “Minister Badal is not only protecting the past acts of police torture and extrajudicial killings committed between 1984 to 1997 but also continuing with blatant human rights violations and acts of torture by the police and other security forces under his command.”

“Despite of overwhelming evidence available against Sumedh Saini for his role in torture and extrajudicial killings of Sikhs in the State of Punjab including the father and Uncle of Prof. Bhullar, Badal Government has promoted Saini to become DGP of Punjab instead of prosecuting him for his crimes,” he continued.

The complaint alleges that “The plaintiffs themselves or their legal representatives have suffered torture, cruel and inhuman treatment while residing in Indian State of Punjab, in the hands of Police and other law enforcement agencies that work under the orders and under the command and control of the defendant Parkash Badal (hereinafter “Badal”) who was and has been the Chief Minister of the State of Punjab during the periods from 1997 till 2002 and from 2007 till 2012.”

The lawsuit against the Chief Minister of the State of Punjab has been filed under the Alien Tort Claims Act (ATCA) and The Torture Victim Protection Act (TVPA) based on the facts that the defendant may have authorized, commanded, or directed the unlawful acts of the security forces and Punjab Police operating under his command and authority. The Badal administration knew or should have known that the security forces, and particularly the Police of the State of Punjab, of which he is and was head of the Executive during his tenure, committed acts of torture, abuse and inhuman and cruel treatment against the named and unnamed individual Defendants.

Jeet Singh, General Secretary of Shiromani Akali Dal (Amritsar), one of the plaintiffs, alleges that due to his political activities from the platform of SAD-Mann, he was illegally detained, physically and mentally tortured, and abused by the police and security forces operating under the orders of—and under the command and control of—CM Badal in 2008 and 2009.

The lawsuit states that Plaintiff SAD (Amritsar) is a political party in India, headed by Simranjit Singh Mann and is struggling to achieve an Independent state of Khalistan through peaceful and democratic means. The Plaintiff SAD-Mann moved the US Court on behalf of SAD-Mann 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 the orders, command, and control of defendant Parkash Badal.

Attorney Pannun stated that seeking relief under the ATCA and TVPA is motivated by an interest in seeking some form of justice for hundreds of victims who were killed extra judicially and have suffered torture during the tenure of Badal as CM of the State of Punjab, India. “The lawsuit will raise awareness to the international community regarding the torture and extrajudicial killings of Sikhs in the state of Punjab, India by the security forces and will send a strong message to political leaders that they will not be able to visit United States without being answerable to the International laws and the Courts for their role in gross human rights violations,” added Pannun.

Another class action lawsuit—SFJ v. Congress (I) SDNY (10 CV 2940)— filed by “Sikhs For Justice” and victims of Sikh Genocide under ATCA and TVPA is already pending with the Southern District of New York against Minister Kamal Nath and Congress (I) the ruling political party of India for conspiring, aiding, abetting and carrying out Genocidal attacks on the Sikh population of India in which more than thirty thousand Sikhs were killed during November 1984.

US_Court_Complaint_CM_BADAL_For_Torture_HumanRights_Violations_August_8_2012

US_Court_Summons_Against_CM_BADAL_-_Dated_August_8_2012

4 COMMENTS

  1. Problem Statement:
    Sikh Leadership in Punjab

    Issue:
    Political parties throughout the world have used the same methodologies, tools, resources and tactics to stear and influence people to vote and then used the “timeperiod” to exploit whatever they can polictically to achieve financial and power gains for future. Religion is always used to create buckets of vote banks like sikhs, non-sikhs, punjabi’s , non-punjabi’s, dere, non dere, radha awami (beas), radha swami (delhi), ram-rahim, sucha swada, more in the list to join as long as we keep what we are doing which is “nothing”.

    It should not take too many brain cells to understand that the there is something really missing and wrong. Badal needs support from all above (radha awami, ram rahim to caputure more votes in his buckets) + add BJP (dealing with punjabi’s etc) to add more tokens. Amrinder need to use Bhatal (never understood why) – both to get more tokens to the buckets.

    BJP is on its way to clearly prune sikhs out of sikhism by introducing and suppoting “Dasam Granth” in parallel to “Guru Granth Sahib” so as to create more confusion over already confused sikh (ex. sikh getting to dera, radha swami and others is for a simple logic). Its say “if you cannot convince somebody, confuse somebody”. Ram rahim, radha swami, others socalled “left behind” will ultimately join BJP in few years ..may be 10-15 years or sooner …

    Many more thoughs ….but the message here is clear ..we need a SIKH leadership driven by the religion (like muslims) so that there are no grey lines …these grey lines act as opportunities for political to play. Once done, we should target on a conversions process to bring people back into sikh religion and work with them who cannot or will not come back – “Guru Arjun Dev Ji’s Guldasta Concept” and then lead them instead of following.

    Creating an independent state is not a viable solution and would not solve anything …besided having one more influencial people with the crown …issue is the missing leader, once we have one we can have the punjab all of us want …can u imagine what we would do with a country president like amrinder or badal …??

    Any ideas ..what i am talking about ???

  2. I do agree with chaan on this matter.If the SFJ is seeking justice then i want to know what they have done so far for 84 victims.Has anyone of them done any welfare scheme for the victims.Being in America it is easy to blame Indian leaders.These people although corrupt but still won the heart of most of people to get elected.

    The Indian Army chief is sikh and many more senior officials.If we work with them then better chance to get the justice otherwise more seeds of poison will be sown ,resulting in more blood bath.These fly by night hardliners just need any excuse to fight rather than working with everyone.If they are just bashing on Indian government then no chance to get anywhere.

    The US sikhs remind me of bunty and bublie movie where one leader was on hunger strike /bharat bandh(closure) and when asked what is his demand: it was nothing as just he wanted to create a fuss.These people need to come out of fairy tales and think about their Indian sikh brothers In outside punjab.

  3. For a long time I have maintained that SS Maan is past “sell by date” product.But there are many who do not understand the sell by date and still cling to him and pose him as the solution to all the problems.I would have thought that he contributed to the cause of problems by his infant behaviour and politics.TRhe quicker he is disposed off from the scene the bnetter for the sikhs.At least some leader will be sought then who may have a solution to the issues.Badal is no angel.

  4. SImranjit Mann was never democratic.I still remember when he issued punjab bandh(closure) call for 72hours and i had final exam next day.My school was far from my village and had to take passenger train.All these 3 days i had hard time.His supporters were roaming the roads and trains with naked swords.This was not enough for Simranjit Singh Mann and he further declared that all school childern need to wear orange or yellow dresses,etc.This was a burden on poor parents and i never forgive mr simranjit singh maan for this.He is a abuser of children rights in terms of depriving children of education and good career.The US courts need to look into this as threat to kill for color of dress is sign of terrorism.

    Mr Simranjit Singh Maan is a self egoistic leader who is like a chameleon.I have never seen a sadistic and selfish person like him.

    He ripped off the indian consittion and later on accepted in court that he was not the one who teared and regret that people from his party teared it.Read the whole judgement in old papers and decide.

    Those sitting in foreign countries are bunch of cowards who left india for green pastures.What they expect from foreign countries anyway.They are the biggest fools on earth.These foreign countries have never apologized for hanging of Bhagat Singh,UDham Singh and Dhingra. Even USA is involved in lot of human right cases and their punishment is lot tougher than india.They can even kill people by drugging the prisoner.Mr Simranjit Maan must be booked for all atrocities and threats he has given to people in punjab.He must be extradited to US and face the justice and punishment is severe than what indian courts can give.He is not a sikh as he is sick.

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