AMERICAN JUSTICE CENTER TO CHALLENGE IMMUNITY CLAUSE IN CASE AGAINST PM MODI

NEW DELHI: The American Justice Centre has decided to contest the “suggestion of Immunity” filed by the US Administration in the Alien Tort case filed against Prime Minister Narendra Modi when he visited the US last month.

The AJC along with two survivors of the Gujarat violence had filed a case against the Indian Prime Minister with an embarrassed US Administration moving the courts for immunity to prevent the summons being issued to the Indian Prime Minister during his visit. It argued that PM Modi was the “sitting head of the government of the Republic of India” and hence was immune to such summons.

AJC has now pointed out that the summons were issued on the grounds that even though Narendra Modi is the sitting Prime Minister, he cannot escape prosecution for actions prior to assuming the PM’s office. It pointed out that such precedence existed in the case of former PM Manmohan Singh who was taken to court by US based human rights groups for his complicity in the mass violence against Sikhs. On August 20m 2014 US District Judge James Boasberg in the District of Columbia ruled in the case against Dr Manmohan Singh that immunity as head of state applied only to acts committed during is tenure as PM, and did not cover his tenure as Finance Minister prior to becoming Prime Minister.

AJC has asserted that the case brought by the victims of “the Gujarat pogroms of 2002 are related to acts committed during Mr Modi’s tenue as Chief Minister of Gujarat, long before he became India’s Prime Minister.”

Attorney for the AJC Gurpatwant Singh Pannun said, “we will challenge the suggestion of immunity by the US government. The suggestion by the US Department of State not only violates the US laws and established US policy on the issue of human rights violations but also violates several provisions of US Laws such as Human Rights Enforcement Act and International Religious Freedom Act.”

President of the American Justice Centre Joseph Whittington Jr said, “while it is deeply regrettable that the United States has decided to claim immunity for PM Modi at the urging of the Indian government, it is heartening however to note the suggestion of immunity clearly states the ‘United States expresses no view on the merits of Plaintiffs claims against Prime Minister Modi.”

Whittington further added, “we have a very strong case and are confident that being the head of state will not be an impediment in prosecuting Modi and holding him accountable for the actions as Chief Minister of Gujarat.”

The AJC in a statement said, “the Gujarat pogroms of 2002 were one of the worst episodes of violence targeting minorities in India since it achieved independent from Britain, and was marked with horrific crimes against humanity, including the rape of hundreds of women. Many of the victims were subsequently burned alive. Mr Modi’s relentless PR efforts have tried to spin the decision of teh Special Investigation Team to not prosecute him as a “clean chit”. The US government’s decision not to use this claim in its suggestion of immunity, is a clear acknowledgement of the fact that the case against Mr Modi has not even reached the Supreme Court. A case filed by Mrs Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr Modi in the Gujarat High Court. An amicus curiae appointed by the Supreme Court has recommended Mr Modi’s prosecution.”