By TCN News,
New York: A US federal judge has issues an order asking the American Justice Centre (AJC) to file, on behalf of the victims of 2002 Gujarat massacres, their response to the US government’s suggestion of “immunity” in the Alien Tort case against Indian premier Narendra Modi.
US Federal judge Analisa Torres on October 21 said these responses are to be filed by November 4.
The development comes in the wake of the release of a US State Department letter to the Department of Justice conveying the request of Indian government to have the case against Modi “dismissed on the basis of his immunity”. The letter was written by Mary McLeod, a State Department Legal Advisor to Joyce R Branda, the acting Assistant Attorney General on September 30, the day Modi was to meet President Obama at the White House, a release from the AJC said here.
On October 19, 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 political and diplomatic considerations that motivated the US Government’s “Suggestion of Immunity” are apparent in the State Department letter. “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 letter further stated, without making any comment on the merits of the case against PM Modi.
“The ‘Suggestion of Immunity’ filed by Bharara is not binding on the court. The human rights violations committed by Mr. Modi before becoming the Prime Minister and as a 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 the 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 Pannun.
Modi has been widely accused by national and international human rights organizations for allegedly presiding over mass violence against Muslims, which resulted in the killing of over 2,000 people and included mass rapes of women from the minority community, the AJC said.
AJC is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.