Khalistani activist and separatist leader Gurpatwant Singh Pannun's legal team tried to serve NSA Ajit Doval the summons issued by the US court but the US Secret Service guarding the guest house where Doval was staying with Prime Minister Narendra Modi refused to accept it. The US Secret Service agents also threatened to arrest the server.
The incident happened when Doval accompanied the Prime Minister to the US on February 12-13 just after President Donald Trump's inauguration, according to an observation made by a New York Court to a letter from Pannun’s lawyer, who argued that they served the summons.
According to Pannun's lawyers, the first attempt to serve the summons was made on the evening of February 12, just an hour after Modi’s arrival with Doval. The process server, Ambiko Wallace, presented the court order regarding the summons to the security personnel but was denied access. He was also not allowed to speak to a supervisor though Wallace insisted on it. Wallace had to leave the place after he feared any further action would lead to his arrest.
The second attempt happened the next day. A second process server, Wayne Engram, tried again during Modi's meeting with Republican leader Vivek Ramaswamy. However, Engram was stopped at the checkpoint by three Secret Service agents who refused to accept the summons. Following this, Engram said he would place the envelope on the ground in front of them, a standard method of service. However, the agents threatened him with arrest even if the document was placed on the ground. Following this, Engram placed the envelope containing the summons in a public seating area outside a nearby Starbucks coffee shop and informed the agents of its location. "One of the agents said 'OK' and gave Mr Engram a military salute," Pannun's lawyer claimed.
But, the court dismissed his claim that he managed to get the notice delivered to the top official, stating that did not prove to be enough. Judge Katherine Polk Failla, in the March 3 ruling, said these efforts did not meet the court’s requirements for valid service. The judge noted that the documents were neither delivered to Blair House staff nor accepted by any security officers. The court concluded that "the complaint was not delivered to a member of the hotel management or staff or any officers or agents providing security for Defendant (Doval), as required by the court's order".
The summons was issued by the US District Court for Southern District of New York on September 18, 2024, against the Government of India and individually to Doval, former RAW chief Samant Goel, former RAW officer ‘Vikram Yadav’ and detained Indian national Nikhil Gupta. This was in connection to a civil suit filed by Pannun. The US Court had granted Pannun permission for "alternative service" which meant that he could deliver the summons to any Secret Service agents providing security for Doval during his visit.
The Ministry of External Affairs had earlier maintained that the NSA wasn’t served the summons. So far only Nikhil Gupta has received the summons.