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US steps in to nip in bud Modi legal wrangle, says he enjoys immunity

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Kayalvizhi
Seva Lamberdar
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US steps in to nip in bud Modi legal wrangle, says he enjoys immunity Empty US steps in to nip in bud Modi legal wrangle, says he enjoys immunity

Post by Seva Lamberdar Fri Sep 26, 2014 2:51 pm

NEW YORK: Prime Minister Narendra Modi will have total immunity from legal proceedings in the US that has been initiated by human rights activists, the Obama administration said on Friday even as the Indian leader arrived in New York to a purported US court order pertaining to the 2002 Gujarat riots.

Radical Sikh activists who have been carrying out a legal campaign in US to shame the Indian government for perceived human rights excesses attempted to embarrass Modi ahead of his arrival in New York by initiating legal action, resulting in a court order seeking his response to the 2002 communal riots in Gujarat. But the Obama administration stepped into assure the visiting leader that he's safe from any legal wrangle even as he landed in New York.

Senior Obama administration officials previewing the visit said in a teleconference that as a visiting head of government, Modi enjoyed complete immunity for the duration of the visit not only from court proceedings, but also from being personally served or handed court summons. "While we cannot comment specifically on this lawsuit, I can tell you that as a general legal principle, sitting heads of government enjoy immunity from suits in American courts," one official said.

"Sitting heads of government also enjoy personal inviolability while in the United States, which means they cannot be personally handed or delivered papers or summons to begin the process of this," the official said, adding that, "as a matter of treaty, heads of delegation to the UN General Assembly enjoy immunity while in New York to attend the UN event.".................

http://timesofindia.indiatimes.com/india/US-steps-in-to-nip-in-bud-Modi-legal-wrangle-says-he-enjoys-immunity/articleshow/43551588.cms
Seva Lamberdar
Seva Lamberdar

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https://docs.google.com/document/d/1bYp0igbxHcmg1G1J-qw0VUBSn7Fu

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Post by Kayalvizhi Fri Sep 26, 2014 7:47 pm

If Modi is a principal man and is innocent, he could waiver the immunity and ask nthe court to proceed. Then he could present evidence and found guilty.

Is he innocent?

Kayalvizhi

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Post by Kris Fri Sep 26, 2014 8:28 pm

Kayalvizhi wrote:If Modi is a principal man and is innocent, he could waiver the immunity and ask nthe court to proceed. Then he could present evidence and found guilty.

Is he innocent?
>>>>There is a court in jakarta that wants to try you on the accusation that you broke into cars in Berkeley. Would you like to fly over there, accept their jurisdiction and present evidence to the contrary to clear your name?

Kris

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Post by Kris Fri Sep 26, 2014 8:34 pm

Seva Lamberdar wrote:NEW YORK: Prime Minister Narendra Modi will have total immunity from legal proceedings in the US that has been initiated by human rights activists, the Obama administration said on Friday even as the Indian leader arrived in New York to a purported US court order pertaining to the 2002 Gujarat riots.

Radical Sikh activists who have been carrying out a legal campaign in US to shame the Indian government for perceived human rights excesses attempted to embarrass Modi ahead of his arrival in New York by initiating legal action, resulting in a court order seeking his response to the 2002 communal riots in Gujarat. But the Obama administration stepped into assure the visiting leader that he's safe from any legal wrangle even as he landed in New York.

Senior Obama administration officials previewing the visit said in a teleconference that as a visiting head of government, Modi enjoyed complete immunity for the duration of the visit not only from court proceedings, but also from being personally served or handed court summons. "While we cannot comment specifically on this lawsuit, I can tell you that as a general legal principle, sitting heads of government enjoy immunity from suits in American courts," one official said.

"Sitting heads of government also enjoy personal inviolability while in the United States, which means they cannot be personally handed or delivered papers or summons to begin the process of this," the official said, adding that, "as a matter of treaty, heads of delegation to the UN General Assembly enjoy immunity while in New York to attend the UN event.".................

http://timesofindia.indiatimes.com/india/US-steps-in-to-nip-in-bud-Modi-legal-wrangle-says-he-enjoys-immunity/articleshow/43551588.cms
>>>This is non-starter. We are not even talking about immunity here. If there is no summons delivered, there is nothing to respond to and no court action can follow. If the US does not do this preemptively that will lead to a diplomatic disaster.

Kris

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Post by bw Fri Sep 26, 2014 8:39 pm

Kayalvizhi wrote:If Modi is a principal man and is innocent, he could waiver the immunity and ask nthe court to proceed. Then he could present evidence and found guilty.

Is he innocent?

you worked really hard on framing this post, didn't ya? Smile

bw

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Post by swapna Fri Sep 26, 2014 10:27 pm

bw wrote:
Kayalvizhi wrote:If Modi is a principal man and is innocent, he could waiver the immunity and ask nthe court to proceed. Then he could present evidence and found guilty.

Is he innocent?

you worked really hard on framing this post, didn't ya? Smile

"framing?"

swapna

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Post by bw Fri Sep 26, 2014 10:46 pm

swapna wrote:
bw wrote:
Kayalvizhi wrote:If Modi is a principal man and is innocent, he could waiver the immunity and ask nthe court to proceed. Then he could present evidence and found guilty.

Is he innocent?

you worked really hard on framing this post, didn't ya? Smile

"framing?"

not a correct usage? i thought it may be used to mean "constructing" or "formulating" - no?

bw

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Post by MaxEntropy_Man Fri Sep 26, 2014 11:00 pm

Of course it's correct.
MaxEntropy_Man
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