India’s Courts Unwilling to Prosecute Foreign Nations? A Critical Examination Amid US Summons to India's National Security Advisor
Criminologist Snehil Dhall
Founder, Author, Criminology & Neurocriminology Expert, Legal & Transnational Security Expert & Auditor, Crime & Law Historian
"Imagine Osama Bin Laden filing a lawsuit in Pakistan against the American government and its officials for plotting to murder him on Pakistani soil, and later securing a court order against the US National Security Advisor and the CIA, which reportedly had created Al-Qaeda against the Soviet Union. Currently, a terrorist declared by India, not only gets the opportunity to file a case but also manages to secure a court order against the Indian government and its officials in a foreign court, while Indian courts aren’t even prepared to hear a case of crimes committed by foreign governments on Indian soil." - Criminologist Snehil Dhall.
"Crimeophobia’s Examination of the Khalistani Movement"
Crimeophobia, a criminology-based civil society organization, has been studying the Khalistani movement for several years. This effort is also supported by Maninderjeet Singh Bitta, Chairman of the All-India Anti-Terrorist Front and a member of Crimeophobia’s Board of Advisors. Bitta, who once served as a minister in Punjab, played a significant role in dismantling the Khalistani movement in the state. Due to the numerous terrorist attacks he has faced, he is one of the few civilians in India under Z-category security, granted by the Indian government, to protect him from potential Khalistani terrorist attacks. Crimeophobia’s founder, Criminologist Snehil Dhall, has provided numerous sessions on predictive policing and criminological analysis of terrorist and separatist groups using political and judicial pathways for transnational organized crime. However, these concepts are still slowly registering within the ranks of various government officials in while various Court Cases are also filed by Crimeophobia Team before Indian Court.
"US Court Summons Indian Officials in Murder Plot Allegations"
In an unimaginable development, the US District Court for the Southern District of New York has summoned India’s National Security Advisor Ajit Doval, former R&AW chief Samant Goel, and other Indian officials over allegations of a plot to assassinate Khalistani terrorist Gurpatwant Singh Pannun. Pannun, leader of the radical group Sikhs for Justice, has filed a lawsuit accusing the Indian government of conspiring to murder him on US soil. The summons asks the Indian government and the named individuals to respond within 21 days. While India’s Ministry of External Affairs has expressed concern and stated that the case is "contrary to government policy," this summons has reignited a global debate: are Indian courts prepared to prosecute cases involving foreign nations and their officials, particularly when these alleged plots are devised on Indian soil?
"A Stark Legal Contrast: Indian Courts Dismiss New Zealand Case"
The contrast in legal proceedings is stark. While US courts have swiftly acted on allegations involving Indian officials, the Indian judiciary recently dismissed a Public Interest Litigation (PIL) filed by Crimeophobia Team against the Government of New Zealand for conducting Animal & Human Experiments which led to Genocide under various categories. The case, brought forward by Criminologist Snehil Dhall, alleged a transnational organized crime plot carried out on Indian soil. These allegations were supported by physical evidence and confessions from the New Zealand government.
"The Aarey Milk Colony Animal & Human Experiment: A Case of Creeping Genocide?"
Dhall's case, now under appeal at various courts was dismissed by the Bombay High Court, involved serious accusations of post-World War II human and animal experimentation in Mumbai’s Aarey Milk Colony. Crimeophobia's investigation claims that the New Zealand government manipulated India’s dairy industry by promoting buffalo milk as a substitute for traditional cow milk, a substance deeply tied to Hindu religious and cultural practices. The group alleges that buffalo milk powder, mixed with water, was distributed to Indian children and families, leading to a gradual cultural shift away from cow milk, revered in Vedic Sanatan traditions.
Dhall also accused New Zealand of introducing artificial insemination techniques that led to the rise of A1 milk-producing cross-breed cows, replacing the indigenous A2 milk-producing cows. This shift, he argues, contributed to India becoming one of the largest exporters of cow beef, despite the Hindu community's strong opposition to cow slaughter. Despite these substantial allegations, the Bombay High Court dismissed the case. Dhall has since lodged a formal complaint with the United Nations Human Rights Commission, accusing New Zealand of Gradual Genocide, Creeping Genocide, and Pharmacological Genocide against the Hindu community and cows.
"India’s Judicial Reluctance to Prosecute Foreign Nations"
The juxtaposition of these two cases raises a fundamental question: are Indian courts unwilling or unprepared to prosecute foreign governments and their officials for crimes allegedly plotted on Indian soil? While the US courts have taken proactive steps to investigate the allegations involving Indian officials, the Indian judiciary appears hesitant to hold foreign nations accountable, even when armed with physical evidence and confessions, as seen in Dhall’s case.
Recommended by LinkedIn
This legal disparity also reflects broader geopolitical tensions. In the US case, despite the serious allegations, India’s External Affairs Minister Dr. S Jaishankar has stressed that this incident will not affect the "upward trajectory" of India-US relations. US Ambassador to India Eric Garcetti reaffirmed that bilateral ties would remain strong. However, Dhall’s case, which directly targets foreign government activities on Indian soil, has received little domestic legal attention. The New Zealand government invoked immunity under the Vienna Convention in its written response, effectively evading prosecution in India. Dhall's case now stands as one of the few—if not the only—instances where a foreign nation is accused of plotting a crime on Indian soil, raising concerns about the preparedness of India’s judicial system to address such issues.
"The Bigger Picture"
Crimeophobia’s case has sparked renewed debate about the ethical and legal implications of prosecuting transnational organized crime, particularly when it intersects with cultural and religious practices. As India navigates its role on the global stage, the question remains: will Indian courts rise to the challenge of prosecuting foreign nations for crimes committed within their borders, or will cases like Dhall's continue to be dismissed? As the world watches how the US courts handle the allegations against Indian officials, India’s judiciary may need to reflect on its reluctance to address similar cases involving foreign nations, potentially signaling a significant gap in legal accountability.
"Khalistani Movements of Terrorist & Geopolitics"
The Khalistani Movement primarily seeks to create a separate nation, Khalistan, carved out of Punjab, a region divided between India and Pakistan after Independence. Khalistani terrorists have committed numerous crimes aimed at destabilizing India and advancing their separatist goals. These crimes include bombings, assassinations, and attacks on civilians, political leaders, and government officials, particularly during the 1980s and 1990s. Notable incidents include the 1985 Air India bombing, which killed 329 people, and various attacks targeting both Hindu and Sikh communities to fuel communal violence. In addition, Khalistani groups have engaged in extortion, drug trafficking, and anti-India propaganda from foreign soil, posing an ongoing threat to India's security and sovereignty.
One of the most significant events linked to the Khalistani Movement was the assassination of Indian Prime Minister Indira Gandhi by her Sikh bodyguards, later identified as Khalistani sympathizers. This was in retaliation for Operation Blue Star, which saw Indian forces enter the Golden Temple to combat militants. Following this, violent reprisals against Sikh communities forced many families to migrate abroad, where the Khalistani Movement has regained momentum. In protests abroad, Khalistani supporters openly display their flags while desecrating Indian flags. Although new Indian laws permit the filing of cases against individuals living abroad, effectively prosecuting foreign nationals in Indian courts may require significant judicial training. Currently, two of the Khalistani sympatherizes have managed to become Member of Indian Parliament, while one of them continues to face Prison Time for Anti-National charges.
Also Read: