26 September 2014

Pin It

US Federal Court issues Summons against PM Narendra Modi Gujarat Violence

US Federal Court issues Summons against PM Narendra Modi Gujarat Violence

New York-based American Justice Center (AJC) a non-profit human rights organization, along with two survivors of the violence filed a law suit in a court after that US Federal Court for the Southern District of New York has issued summons against Prime Minister Narendra Modi for his alleged role in the 2002 communal violence in Gujarat when he was the Gujarat chief minister.

The lawsuit against Modi has been filed under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA).

The Alien Tort Statute (28 U.S.C. § 1350; ATS), also called the Alien Tort Claims Act (ATCA), is a section of the United States Code that reads: "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." Since 1980, courts have interpreted this statute to allow foreign citizens to seek remedies in U.S. courts for human-rights violations for conduct committed outside the United States.

Seeking compensatory and punitive damages, the 28-page complaint charges Modi with committing crimes against humanity, extra-judicial killings, torture and inflicting mental and physical trauma on the victims, mostly from the Muslim community.

The Alien Tort Claims Act, also known as Alien Tort Statute (ATS), is a US federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by US residents for acts committed in violation of international law outside the US.

Narendra Modi is not the first Indian Prime Minster against whom human rights groups have secured court summons in USA.

In September 2013 similar summons were issued against the then Indian Prime Minister Dr. Manmohan Singh for his alleged role in funding human rights abuses committed under the grab of counter-insurgency operation during his term as finance minister of India.

In August 2014 a US court held that Manmohan Singh enjoyed immunity in his capacity as Prime Minister of India (the head of the state), but not as the finance minister, a post he had previously held in Indian government.

As per US law Visiting heads of state not only enjoy immunity from American lawsuits but also they cannot be personally served or handed court summons

Reality views by sm –

Friday, September 26, 2014

Tags – Summons US PM Narendra Modi New York