The dismissal plea was filed after two special agents of US State Department's Diplomatic Security Service told the Wisconsin federal court that Badal was not served with summons in the human rights violation lawsuit.
The special agents have submitted sworn statements to the court where a New York based Sikh group, Sikhs for Justice (SFJ) has filed a case against Badal for commanding a police force that allegedly tortured sikhs in Punjab.
According to the sworn statements of special agents Martin O'Toole and David Scharlat, who were on Badal's security detail during his August 2012 visit to the US, he was "not at the Oak Creek High School or in Oak Creek, Wisconsin on August 09, 2012".
Badal, who visited the US shortly after the Oak Creek Gurdwara shooting, was "at the Boelter Superstore in Milwaukee" at 4:50 PM when according to SFJ he was served the US court summons.
However, SFJ has said it was determined to continue with the case against Badal and has delivered the US federal court summons issued against Badal to the Central Authority of India as required under the Hague Convention. The plaintiffs have also requested the court to subpoena Badal so that he could be cross examined and identified in the court by the plaintiffs' process server who served the summons on him on Aug 9 at Oak Creek High School, SFJ said.