SIKHS FOR JUSTICE | Published on August 9,
2012
New
York, NY - On August 8, United States District Court for the Eastern
District of Wisconsin issued Summons against visiting Chief Minister of the
State of Punjab, Parkash Badal, on the charges of police custodial torture
and shielding the Police officers, DGP Sumedh Saini and others who are
responsible for the extra judicial killings and continuous human rights
violations against the Sikh community in Punjab. The lawsuit against
visiting Indian Minsiter Badal is 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 has been
docketed (12-C-0806) with the United States District Court for the Eastern
District of Wisconsin.
The August 8 US Court summons against Chief Minister of the State of Punjab
Badal gives him twenty one (21) days to answer the charges of torture,
practice of impunity to the police officers responsible for extrajudicial
killings and continuous human rights violations of Sikhs in the State of
Punjab in India. The lawsuit against Minister Badal seeks jury trial and
certification of ‘Class” consisting of individuals who have ever been
tortured during Badal regime.
US Court Summons Against Parkash Badal - Dated August 8 2012
US Court Complaint Against Parkash Badal For Torture HumanRights Violations
Parkash Badal has been head of the Government in the Indian State of Punjab
for more than twelve years from 1997 till 2002 and from 2007 till 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
have been investigated or prosecuted by Badal administration. “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”.
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 1984-1997 but also continuing with blatant human
rights violations and acts of torture by the police and other security
forces under his command”.
"Minister Badal is not only protecting the past acts of police torture and
extrajudicial killings committed between 1984-1997 but also continuing with
blatant human rights violations and acts of torture by the police and other
security forces under his command" -SFJ
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 Singh 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 Chief Minister of the State of Punjab Badal has been
filed under Alien Tort Claims Act (ATCA) and The Torture Victim Protection
Act (TVPA) based on the defendant 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 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 SAD (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 alleges that Plaintiff SAD (Amritsar) is a political party in
India, headed by Simranjit Singh Mann and is struggling to achieve
Independent state 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 orders, command and control of defendant
Parkash Badal.
Attorney Pannun stated 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
attorney Pannun.
Another class action law suit {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 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 Sikh population of
India in which more than thirty thousand Sikhs were killed during November
1984.
