Summons from New York Court to Welcome Mr. Modi

Sep 26, 2014 Tushita Politics 0

As Prime Minister Narendra Modi left for the U.S. yesterday for a five-day visit and even before he landed there, a federal court in New York has issued summons against him for his alleged role in presiding over the anti-Muslim massacre in Gujarat during 2002 when he was Chief Minister of the state.

After a nine-year visa ban, this would be Mr. Modi’s first visit to the country. This is also his first visit to the U.S. as the Prime Minister.

The lawsuit was filed by the American Justice Center (AJC), a non-profit human rights organisation acknowledged among the appellants “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).

The law firm that represents the plaintiffs is headed by Gurpatwant Singh Pannun, who explained to a leading national daily via email 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.

What compels Modi to respond?

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

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.

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Tushita

Tushita is a political writer at thenational.net. Her deep rooted interest in politics, passion for writing and craze for travelling define her. Writing since her school days, she aspires to write lifelong and make the world a happier place to live with the power of her pen.