How Did the U.S Federal Court Get it Wrong in Summoning Narendra Modi?

6 Pages Posted: 2 Oct 2014

Date Written: September 30, 2014

Abstract

As the Prime Minister of India was all set to start his historic visit to the United States of America, after a decade long visa ban, a federal court in New York issued a summons on the basis of a complaint filed by American Justice Center, a New York based human rights group. The said law suit is based on the Alien Tort Claims Act, also known as Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA) seeking compensatory and punitive damages from Mr. Narendra Modi for his alleged role in orchestrating riots targeted mainly against the Muslim community in Gujarat during 2002 while he was serving as the chief minister. According to media reports, the court order requires the respondent to answer within 21 days from the date of service, default of which would lead to a judgment in favour of the claimants. In the wake of a sudden publicity on this matter, it is necessary to look at the tenability of the legal action against the Indian premier.

Suggested Citation

Sathyapalan, Harisankar Kadavil, How Did the U.S Federal Court Get it Wrong in Summoning Narendra Modi? (September 30, 2014). Available at SSRN: https://ssrn.com/abstract=2504417 or http://dx.doi.org/10.2139/ssrn.2504417

Harisankar Kadavil Sathyapalan (Contact Author)

NUS Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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