The Sikh for Justice (SFJ) had filed the case of alleged human rights violations against Badal last year, but it was dismissed by a US district court in Wisconsin last Friday.
The group said it will appeal against the order in the US Court of Appeals asking for a remand to depose Badal personally before a US Federal Judge on the issue of the service of summons.
In its order, the US District Court in Wisconsin on May 17 ruled that Badal was never served with the court summons as being claimed by the New York-based Sikh for Justice, which had filed the case against him.
In fact judge Jynn Adelman, in his five page order, said that Sikh for Justice came out with "creative" but unconvincing argument that the court summons were served to Badal, which indeed was served by Christopher Kratochvil and his brother on behalf of SFJ to another Surinderpal Singh Kalra, believing that he was the Punjab Chief Minister.
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In a statement, SFJ said the appeal to the US Circuit Court will be based on that "Judge Adelman erred in his ruling while dismissing the law suit on the ground that it is a simple case of "mistaken identity" and a US Department of Justice interpreter received the summons instead of Badal".
Badal and his attorney, backed up by strong evidence from the State Department which had provided him the necessary diplomatic security, argued that the Chief Minister was not at the Oak Creek School when Kratochvill brothers claimed that they served summons to him on behalf of Sikh for Justice.
The judge in his order said that Sikh for Justice in an attempt to "overcome the strong evidence" in favor of Badal, made "a number of creative arguments" but none are convincing.
Sikh for Justice in its court case alleged that Badal violated the Torture Victim Protection Act and the Alien Tort Statute in Punjab.