By IndiaTomorrow.net,
New York, 22 Oct 2014: US Federal Judge Analisa Torres Tuesday issued an order asking the American Justice Center (AJC) to file, on behalf of the victims of 2002 Gujarat massacres, their response to the US Government’s suggestion of immunity for Prime Minister Narendra Modi. AJC will have to respond by 4th November in the Alien Tort case against PM Modi.
The development comes in the wake of the release of a US State Department letter to the Department of Justice, conveying the request of the Indian government to have the case against PM Modi “dismissed on the basis of his immunity.” The letter was written by Ms. Mary McLeod, a State Department Legal Advisor to Ms. Joyce R. Branda, the Acting Assistant Attorney General, on 30th September, the day Mr. Modi was meeting with President Obama at the White House.
On 19th October, Mr. Preet Bharara, US Attorney for the Southern District of New York submitted to the court a suggestion of immunity for PM Modi in the human rights violation case.
The US Govt. letter stated: “This letter recognizes the particular importance attached by the United States to obtaining the prompt dismissal of the proceedings against Prime Minister Modi in view of the significant foreign policy implications of such an action.”.
“The ‘Suggestion of Immunity’ filed by Mr. Bharara is not binding on the court. The human rights violations committed by Mr. Modi before becoming Prime Minister and as Chief Minister of Gujarat are not immune. US Federal Court has jurisdiction to hold Mr. Modi accountable under the Alien Tort Claims Act and Torture Victims Protection Act”, stated Gurpatwant Singh Pannun, legal advisor to American Justice Center.
“The selective and arbitrary approach of the US Department of Justice on the issue of immunity to foreign leaders will be the key factor in challenging the immunity to PM Modi,” added Mr. Pannun.
Modi has been widely accused by national and international human rights organizations for the mass violence against Muslims which resulted in the killing of over 2,000 people and included mass rapes against minority women during the Gujarat riots in 2002 when Modi was chief minister of the state. However, no Indian court has found him guilty for the violence.
