US court issues summons against Modi

Discussion in 'Foreign Relations' started by happy, Sep 26, 2014.

  1. happy

    happy Senior Member Senior Member

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    Even before he touched down on U.S. soil after a nine-year visa ban, a federal court in New York has issued summons against the Indian Prime Minister Narendra Modi for his role in presiding over the anti-Muslim pogrom in Gujarat during 2002 when he was Chief Minister of the state.

    The lawsuit, filed by the American Justice Center (AJC), a non-profit human rights organisation identified among the plaintiffs “two survivors of the horrific and organised violence of Gujarat 2002”, and called for a response from Mr. Modi based on the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA).

    Gurpatwant Singh Pannun, whose law firm represents the plaintiffs, explained via email to The Hindu that the summons issued by the Federal Court of Southern District of New York requires Mr. Modi to respond within 21 days after it is served.

    The summons document, which also alludes to the 21-day deadline, notes that if the Prime Minster fails to answer the attached complaint, “Judgement by default will be entered against you for the relief demanded in the complaint,” adding that Mr. Modi was expected to file his answer or motion with the court.

    Specifically the twenty-eight page complaint filed was said to seek compensatory and punitive damages and “charges PM Modi with committing crimes against humanity, extra-judicial killings, torture and inflicting mental and physical trauma on the victims, mostly from the Muslim community”.

    Mr. Pannun further noted that the “default judgement”, which in other cases has been entered against defendants in their absence, would be a “declaration from Federal Court that 2002 killing of Muslims was ‘Genocide’ as per US and international law”, and possibly grant compensatory and punitive damages for the riot victims.

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

    Commenting on the summons issued by the John Bradley, a Director at the AJC said, “The Tort Case against Prime Minister Modi is an unequivocal message to human rights abusers everywhere… Time and place and the trappings of power will not be an impediment to justice”.

    The AJC is scheduled to hold press conference on September 26 to clarify the implications of the lawsuit filed in terms of the legal path ahead in the survivors’ quest for justice, according to a statement the organisation issued.

    US court issues summons against Modi - The Hindu

    **********##############*****************

    What the hell is happening ????

    India can do well without America......I wish better senses prevail with the americans.
     
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  3. ladder

    ladder Senior Member Senior Member

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    I had amply pointed out judicial activism of USA in Devyani Khobragade case. The USA cannot simply shy away stating the Independence of judiciary as it is the legislative which passes such laws that undermines the judiciary and sovereignty of other countries which are cornerstones of diplomacy and diplomatic quid pro quo.
     
  4. happy

    happy Senior Member Senior Member

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    I remember.

    Do you think that there might be some kind of internal understanding between the Judiciary and the govt in USA ?? If we look back, we can have ample evidence where such judiciary activities were timed to overlap important foreign engagements.
     
  5. Zebra

    Zebra Senior Member Senior Member

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    Doesn't make sense to talk about with America or without America.

    If someone ask there about court summons in press meet, then much better if PM Modi answer like this.....being an Indian PM, I have nothing to do with US courts.

    Let the White House correspondents deal with it.
     
  6. ladder

    ladder Senior Member Senior Member

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    Doesn't need to respond now, no bloody fellow can break the security cordon to deliver him the summon.
    but, the problem is not that but trial in his absence.
     
  7. Zebra

    Zebra Senior Member Senior Member

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    You are right, no one can reach near him just to deliver the summon.

    But what if a journo or someone else ask about it purposely in press meet.

    Anyway, its my opinion.

    I could be wrong though.
     
  8. ladder

    ladder Senior Member Senior Member

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    How does he know if a case has been registered against him if he doesn't get the summon? He will simply say I don't know if any case has been filed against me.

    This has no value more than a well timed PR exercise by 'you know who'.
     
  9. rock127

    rock127 Maulana Rockullah Senior Member

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    This name "Gurpatwant Singh Pannun" suggests he is a Sikh but his heart is bleeding for Muslims.This is ironic! :pound:

    As per latest news the ISI is frustrated and has funded many NGO's in US which mostly includes Muslims and some traitor ass burn Khalistani's .The aim is to speak against MODI and do stupid demonstrations.

    Poor Pakis are feeling so insecure,frustrated,hopeless and demotivated by MODI being a PM and going to Japan,Aus and now US for big deals.

    #ModiInUS: ISI has funded web of NGOs to sabotage Modi visit

    #ModiInUS: ISI has funded web of NGOs to sabotage Modi visit - India(English) News 2014-09-23 - Video - NRIAPNews.com

    [​IMG]
     
  10. Sylex21

    Sylex21 Regular Member

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    Calm guys, lets make sure this isn't a hoax. I have not read this on any major news website. Even if it is true, some courts in America automatically pass out summons when anyone files a case, Modi's lawyers may only need to file for automatic dismissal. Also give the American federal government a chance to respond, it is highly embarrassing for them as well. If true, powerful Indian Americans will make sure to destroy this judge and this group in time.
     
  11. ladder

    ladder Senior Member Senior Member

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    Why do you think it is hoax? Did it happen for the for the first time? It follows a pattern.

    And who pays for Modi's lawyer? Obama's father in law?
     
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  12. thethinker

    thethinker Senior Member Senior Member

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    Some major Indian news sites :

    NDTV

    US Court Summons PM Narendra Modi in Gujarat Riots Case

    Zee News

    US court issues summons against PM Narendra Modi on 2002 Gujarat violence | Zee News
     
  13. Zebra

    Zebra Senior Member Senior Member

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    It is already there in US media and press. No need to wait for summon.

    http://www.nytimes.com/2014/09/27/world/asia/us-court-issues-summons-to-modi-in-lawsuit-over-2002-riots.html?_r=0

    U.S. Rights Group Files Lawsuit Against Modi - WSJ


    The reason for this type of answer is.......this case is against Indian PM.

    The US court must know, that Indian PMs are beyond their reach.

    Even when they are in US.
     
  14. tramp

    tramp Senior Member Senior Member

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    The cited law is indeed archaic of 1789 vintage. We speak of how archaic and outmoded Indian laws are .. but this beats them all.
    The US judiciary is independent and that is what makes this a little tricky. India needs to consider it seriously and take appropriate action. Not because of any immediate threat, but all that long-term wrangling and unnecessary distraction if at all it is of nuisance value in the end.
     
  15. ladder

    ladder Senior Member Senior Member

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    If something appears in media that doesn't mean you have to take cognizance of it. Read more about summons and method of delivery. Only when all other options are exhausted then summon is through public media like newspapers. ( which is not in this case)

    I don't think media coverage has any standing here.
    =======================
    A civil action summon is issued inn this case.

    http://en.wikipedia.org/wiki/Summons

    http://en.wikipedia.org/wiki/Filing_(legal)
     
    Last edited: Sep 26, 2014
  16. rock127

    rock127 Maulana Rockullah Senior Member

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    Idiots are using "Sikhs" here since any Paki group would have no credibility at all since they love terrorists like OBL and celebrated the slaughtering of 3000 Americans.
     
  17. ladder

    ladder Senior Member Senior Member

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    Tell me which nation says that's it's judiciary is not independent?

    The principle on which the laws are derived from the same principle of 'protection' and minimum sub-state of customary international law.

    So, independence of judiciary argument is best flushed down the toilet.

    When Indian court consults Indian Govt.'s view on matters that can have international ramifications. Why can't in USA? IS Indian judiciary not independent?

    Though I agree to rest of your post.
     
    Last edited: Sep 26, 2014
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  18. dastan

    dastan Regular Member

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    Also heard there were similar Summons to MMS in the past.

    Btw in my humble opinion the respected judge whomsoever it maybe can shove the Summons up his throat
     
    Last edited: Sep 26, 2014
  19. Zebra

    Zebra Senior Member Senior Member

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    Looks like you are not getting what I said.

    Summons getting delivered (or even not delivered) that is one thing and a journo or someone ask about it in press meet, that is totally different thing.

    If no one manage to deliver any kind of summons to PM then also just to make mess in press meet, a journo or someone else can ask about it.
     
  20. ladder

    ladder Senior Member Senior Member

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    I am simply saying, if summon is not deviled to Modi and journalist asks, he will simply say I even don't know if a case has been filed against me. As because he can't be forced to take cognizance of something that appears in media.
     
  21. Zebra

    Zebra Senior Member Senior Member

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    Nah, I disagree with you.

    PM Modi must say....being a PM of India, I have nothing to do with US court, even when I am in US.
     

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