Gurpatwant Singh Pannun, the general counsel of pro-Khalistani Sikh advocacy group Sikhs for Justice, and his attorneys have lodged a civil suit against the Government of India, national security adviser Ajit Doval, and others in a US district court for the purpose of claiming damages for the would-be murder they were involved in in the US last year.
Pannun is a US-Canadian dual citizen of Indian origin deported as a terrorist by India. He survived an assassination after plans to kill him were uncovered in June 2023.
It was on Tuesday, while at the district court of the southern district of New York, that a lawsuit was filed against GOI and other associated defendants including Doval, Samant Goel who is the former chief of RAW, Vikram Yadav who is a senior officer in RAw, and Nikhil Gupta, an Indian who is in jail over alleged murder for hire of Pannun. The civil case is also against the other possible “additional defendants whose identity is not known at this time”.
Pannun however, does not mention his whereabouts in order to avoid being chased as he is after monetary damages for assault (in the us includes an attempt to physical harm pannu or any near him) and for infliction of severe emotional disturbance. He fears for his life.
The complaint indeed raises many serious accusations against the sueing party. It is claimed that Yadav by the direction of R&AW went ahead to recruit Gupta to locate contract killers for Pannun’s murder, which Goel and Doval later endorsed. Unfortunately, it was unsuccessful as the assassins were actually undercover agents of the US government. According to the allegation, PM Modi was aware of the plot but does not bring any claim against him because he is the head of a foreign government and has the privilege against being sued in civil litigations in one’s country.
The Indian government has already constituted such a high-powered commission in relation to this matter.
In the complaint Pannun argues that it was not a “rogue operative” behind the plot and states that “India has been linked to some or over 20 international murders in recent a time with the help of R&AW”. He alludes to PM- Modi’s speeches in April when he was addressing a rally and said, “New India goes into homes of enemies and slaughters them.” The complaint goes on to say that, “Pannun continues to be at the risk of such threat to life from the GOI as its agents and their associates pose. The present defendants should pay damages to Pannun for the injury they reached and continue to inflict on him.”
“The primary purpose of this suit is to pursue civil liability against the Government of India and a group of political leaders of this country within the framework of the US tort law”, said Pannun’s counsel, Matthew Borden of Braun Hagey & Borden LLP. ‘Everyone who this conspiracy unfortunately provided contact with the persons responsible for carrying out this conspiracy should face the consequences concerning the conspiracy,” said Pannun.
“This is purely a civil form of action seeking recovery in damages to Pannun in respect to what he has lost,” Borden stated. The amount of damages we are going to seek will be provable in the trial as it will be on all the security engagements he has had to commence’ he said further clarifying that this American court has jurisdiction over this case owing to the Foreign Sovereigns Immunities Act of 1976. The civil actions are not clear of the criminal actions the prosecution is taking against Gupta.
“In civil litigation, there is a lesser burden of proof than in criminal litigation and we have the right to conduct discovery in a manner which may not be provided for in criminal proceedings,” Borden elaborated. “There is more to this than just a desire to punish Gupta.”
Pannun’s complaint explains that the reason for himself being the target is because he supports the establishment of Khalistan, and he is also planning to hold a non-official referendum on Khalistan.
The complaint describes the scheme in great detail of how Pannun is supposed to be killed, where it is alleged that Gupta attempted to offer the undercover agents $100,000 to kill Pannun, whom he claimed to the undercover agents, ‘there would be more jobs left once Pannun got assassinated’. Another officer is said to have told Gupta that the assassination could not take place during a forthcoming official trip to America by senior Indian government officials. It is further alleged that after the killing of Hardeep Singh Nijjar in Canada on June 18,2023, Yadav sent an image from a video clip to Gupta of junior who was slumped over in his truck. One hour later Yadav x-referred Pannun’s residential address to Gupta.
