Sukhbir, son of the Punjab Chief Minister, Prakash Singh Badal, is scheduled to visit Canada in September to hold meetings with the Canadian officials and business leaders.
The case against Sukhbir, the Deputy Chief Minister of Punjab, will be filed by the Sikhs for Justice (SFJ) and Canadian Sikh Coalition (CSC), a non-governmental organisation representing over 50 Sikh Gurdwaras and societies.
This follows after the New York-based SFJ repeatedly failed to have a similar case against Prakash filed in a US court.
The Criminal Code of Canada section 7 grants extra territorial jurisdiction to Canadian Courts to prosecute any visiting foreigner on the charges of the torture of Canadian Citizens.
SGJ and CSC has alleged that several Canadians of Sikh descent were abducted, tortured and extra judicially killed by the Indian security forces for actively campaigning for Sikh rights.