2002 riots: US court issues summons to Modi, India calls allegations baseless

New York/New Delhi: An American court has issued summons against Prime Minister Narendra Modi for his alleged role in 2002 communal riots in Gujarat when he was the chief minister, drawing a prompt response from the US which said he enjoys immunity as head of government.

The summons against Modi were issued yesterday by the US Federal Court for the Southern District of New York on a civil lawsuit filed by the New York-based American Justice Center (AJC), a non-profit human rights organisation, along with two survivors of the post-Godhra violence.

The court said that Modi has to respond to the summons within 21 days after it is served on him.

The Prime Minister, who has a packed schedule in New York from tomorrow, will leave for home on 30 September from Washington after he concludes his five-day US visit.

“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,” a senior Obama administration official told reporters during a conference call when asked about the lawsuit against Modi.

He said sitting heads of government also enjoy personal inviolability while in the US, which means they cannot be personally handed or delivered papers or summons.

“In addition, as a matter of treaty, heads of delegation to the UN General Assembly enjoy immunity while in New York to attend the UN event,” the official added.

In New Delhi, Government termed the case against Modi as a frivolous and malicious attempt to distract attention from his US visit.

“The allegations in the case are baseless. Appropriate steps are being taken to address the matter,” the External Affairs Ministry said.

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

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 Tort Case against Prime Minister Modi is an unequivocal message to human rights abusers everywhere,” said John Bradley, director at the AJC.

“Time and place and the trappings of power will not be an impediment to justice,” he said.

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.

PTI