Radical Sikh activists who have been carrying out a legal campaign in US to shame the Indian government for perceived human rights excesses attempted to embarrass Modi ahead of his arrival in New York by initiating legal action, resulting in a court order seeking his response to the 2002 communal riots in Gujarat. But the Obama administration stepped in to assure the visiting leader that he's safe from any legal wrangle even as he landed in New York.
Senior Obama administration officials previewing the visit said in a teleconference that as a visiting head of government, Modi enjoyed complete immunity for the duration of the visit not only from court proceedings, but also from being personally served or handed court summons. "While we cannot comment specifically on this lawsuit, I can tell you that as a general legal principle, sitting heads of government enjoy immunity from suits in American courts," one official said.
"Sitting heads of government also enjoy personal inviolability while in the United States, which means they cannot be personally handed or delivered papers or summons to begin the process of this," the official said, adding that, "as a matter of treaty, heads of delegation to the UN General Assembly enjoy immunity while in New York to attend the UN event."
Although touted by an excitable media as the court issuing "summons" to the Prime Minister, the order by a district court in New York only enjoins the Indian Prime Minister to respond within 21 days after he is served notice, and in no way affects his US programme or his visit. Indian government sources say the action, which they suspect is supported by "forces inimical to India," is only aimed at embarrassing the Prime Minister on his first visit to the US in 14 years.
"Steps being taken 2 address frivolous & malicious attempts 2 distract attention from the visit of @PMOIndia to US," Syed Akbaruddin, spokesman of India's external affairs minister tweeted as soon as the Modi touched down at JFK airport.
Sikh activists have routinely obtained such summons against visiting Indian leaders, including former Prime Minister Manmohan Singh and Congress party president Sonia Gandhi, with no particular fallout other than briefly making headlines.
In fact, a federal court dismissed a rights violation suit against Congress president Sonia Gandhi some weeks back, but the group Sikhs For Justice (SFJ) and two survivors of November 1984 Sikh massacre have since filed an appeal with the United States Circuit Court challenging the dismissal of the suit in continuing legal action to hold New Delhi to account.
READ ALSO: US court issues summons to Narendra ModiThe latest lawsuit, backed by Sikh activists, has been filed by the American Justice Center (AJC), a non-profit human rights organization on the basis of Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA), which in effect gives US courts jurisdiction to hear lawsuits filed by US residents for acts committed in violation of international law outside the US. The AJC said it filed the suit along with two survivors of the "horrific and organized violence of Gujarat 2002."
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."
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"The Tort case against Prime Minister Modi is an unequivocal message to human rights abusers everywhere," John Bradley, a director at the AJC said in a statement, adding, "Time and place and the trappings of power will not be an impediment to justice."
Sikh activists and human rights campaigners are also planning to hold demonstrations and other events beyond legal stratagems — including picketing in front of the White House when Prime Minister Modi arrives to meet President Obama — to shame the Indian government for its indifference to rights issues.
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