1. If the Indian government refuses to file a reply to Pannun's complaint, what is the worst that could happen?

According to US law, the party against whom a complaint has been filed (in this case, the Indian government) has to respond within 21 days. If they do not do so, that would entail a "default" judgment. "In case of a default on the part of the defendants, the court will state that the erring party has admitted that they are liable to the charges brought against them," Anandhi Rajan, a US-based based civil litigator with over 30 years of experience, said while speaking to The Quint . In such a situation, the worst that could happen is that a trial would be brought before the defendants on damages, i.e., a trial to show how the plaintiff (Pannun) has been "damaged" because of the alleged assault and infliction of emotional distress.

2. Why has Pannun brought a civil and not a criminal case against India?

Another question that has arisen in connection with the lawsuit is that since the allegations are that of an alleged assassination plot against him, why hasn't Pannun brought a criminal case against the Indian government?

3. Can foreign officials be protected from prosecution/arrest due to diplomatic immunity?

Yet another aspect of this case is whether Doval could have faced some kind of action if he were to step on to US soil – fears that could explain his absence during PM Modi's recent visit to Delaware for the Quad summit . Also considering that Doval has been a part of most if not all the foreign trips made by the prime minister. The Foreign Sovereign Immunities Act of 1976 is a US Act that delineates the primary means for bringing a lawsuit against a foreign country or its agencies. Under the Act, foreign states have "immunity" from litigation, which may extend to government officials as well – in this case, Doval.

4. Previous US court summons to Indian officials and why this case is different?

While the current case has drawn a lot of attention, US courts summoning Indian government officials is not unprecedented. In fact, a large number of summons has been made out on the complaints of Pannun and his SFJ itself. A Washington federal court had issued summons against the then Indian prime minister Manmohan Singh in April 2013 following a lawsuit by the SFJ, alleging that he was responsible for "funding crimes against humanity perpetrated upon the Sikh community in India". Congress leader Sonia Gandhi was summoned to a US court in 2016 in connection with the 1984 anti-Sikh riots. Once again, the complainant in the case was the SFJ. The Congress' Kamal Nath was also subject to a subpoena in 2010 in the same case. More recently, Prime Minister Narendra Modi was summoned by a New York court in 2014 just ahead of his first state visit to the US following a nine-year visa ban. The case, filed by non-profit American Justice Center (AJC), had been made out in connection with the 2002 Gujarat riots. PM Modi and Home Minister Amit Shah had also been summoned by a Texas court in 2019 over Parliament's decision to abrogate Article 370, which led to the downgrading of special privileges accorded to Jammu and Kashmir. The plaintiff, an organisation called Kashmir Khalistan Referendum Front, had sued the duo for $100 million but the case was subsequently dropped.

Gurpatwant Pannun's Lawsuit Against India Over Assassination Plot: Publicity Stunt or Solid Legal Case?

National Security Advisor (NSA) Ajit Doval was conspicuous by his absence in Prime Minister Narendra Modi's entourage during the latter's recently concluded trip to the US.

While officials told The Hindu that Doval stayed back in India to deal with the security situation in Jammu and Kashmir due to the ongoing elections, speculations have been raised that his absence has to do with a summons issued to him by the US District Court for the Southern District of New York.

Sikhs for Justice (SFJ) leader and Khalistani extremist Gurpatwant Singh Pannun had on 17 September sued the Indian government, NSA Doval, former Research and Analysis Wing (RAW) chief Samant Goel, and a few others over an alleged assassination plot against him in New York last year.

In the civil complaint, which has been accessed by The Quint, Pannun states that he is undergoing "severe emotional distress", and harbours fears of an assault on him. He has also stated that the defendants must compensate him for the "damages" caused.

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Gurpatwant Pannun's Lawsuit Against India: Publicity Stunt or Solid Legal Case?

Doubts have been raised about whether the lawsuit was the reason for NSA Ajit Doval's absence during PM's US visit.

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Topics: US Court NSA Ajit Doval Sikhs For Justice