NEW YORK—In a rare move, Wisconsin Federal Judge J.P. Stadtmueller disqualified himself from presiding over the pending human rights violation lawsuit against CM Parkash Badal. In the order of recusal, Judge Stadtmueller disqualified himself from hearing the case pursuant 28 USC Section 455(a). The said section provides that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned”.
The pending human rights violation lawsuit against CM Badal was filed by Sikhs for Justice (SFJ) a New York based advocacy group, Shiromani Akali Dal (Amritsar), an opposition political party and several victims of police torture from the state of Punjab. A similar lawsuit in Milwaukee against Badal was dismissed last year by Judge Adelman on the grounds that Badal was not personally served with the summons.
On June 26th a complaint was filed before US District Court for the Eastern District of Wisconsin Sikh rights. The group alleges that in retaliation of 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”.
Under Federal Rules, plaintiffs SFJ and others have until October 24th to serve the US Court summons on CM Badal. The Sikh rights group will serve US Court summons on CM Badal pursuant to “Hague Service Convention of 1965”. A Central Authority has been established by 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” (Hague Service Convention 1965″).
According to attorney Gurpatwant Singh Pannun, legal advisor to SFJ, since CM Badal did not visit Milwaukee, plaintiffs will now serve Badal in India as per Hague Service Convention of which both countries are signatories. 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 has been established by Government of India for receiving and serving judicial documents from foreign courts pursuant to Hague Convention on Service, added attorney Pannun.
The plaintiffs’ allegation against Badal of commanding a police force responsible for extra judicial killings has been strengthened by the recent public statement of Surjit Singh, a Police officer confessing that on the orders of his superiors he extra judicially killed more than [83] Sikhs.
“We will continue our efforts to serve Badal with federal court summons to make him accountable before foreign courts for protecting and commanding a police force responsible for torture and extra judicial killings.” attorney Pannun further stated.
Earlier in anticipation of CM Badal’s visit to Wisconsin during first week of July, SFJ announced a reward of $20,000/- for serving him, however, he did not visit Milwaukee.
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. The Plaintiff SAD (Amritsar) is a political party in India, headed by Simranjit Singh Mann has moved the US Court on behalf of its members and 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.
