Modi faces US court summons over Gujarat riots: reports
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NEW DELHI: A New York court has ordered Narendra Modi to answer allegations of “attempted genocide” over deadly anti-Muslim riots, reports said Friday, as he began his first US visit as India's prime minister.
The complaint relates to an outbreak of anti-Muslim rioting in 2002 in the western Indian state of Gujarat, where Modi served as chief minister before he was elected prime minister in May.
Lawyers for rights group the American Justice Center filed a civil case on Thursday seeking damages from Modi for what they call “attempted genocide”, according to a copy of the petition obtained by The Hindu newspaper.
“It is clear that justice for the plaintiffs cannot be obtained in India because of the condoning of this genocidal act of state-sanctioned terrorism, “reads the petition, issued on behalf of victims of the riots.
The Hindu said the court had issued a summons ordering him to respond to the charges within 21 days.
Modi, a Hindu nationalist, was refused a US visa in 2005 over the allegations, which he has always denied.
He is due to arrive in New York later Friday, where he will address the UN General Assembly before heading to Washington for talks with President Barack Obama.
A copy of the one-page summons, which was obtained by the Rediff website, named Modi as the defendant, describing him as “a national and citizen of India, Prime Minister and ex-Chief Minister of Gujarat”.
“A lawsuit has been filed against you,” said the summons, which was signed by the clerk of the court.
“Within 21 days after service of this summons on you... you must serve on the plaintiff an answer to the attached complaint. If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint."
Although the American Justice Center was named as one of the four plaintiffs, the other three were only identified as “Asif, Jane Doe and John Doe”.
No one in Modi's office was immediately available for comment, but India's Law Minister Ravi Shankar Prasad said the government would examine the summons.
“I don't know it. I am only hearing it from you. We will examine it,” he told the Press Trust of India news agency.
Modi has pledged national unity, but he remains tainted by the riots on his watch, which left at least 1,000 people dead.
A court investigation found he had no case to answer, but some members of religious minorities still fear a rise in communal tensions under a Modi government.
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On DawnNews
Comments (99) Closed
Sep 26, 2014 02:15pm
In which court should be Bush ,Obama and other US presidents should be tried for the genocide they have done in Iraq,Afghanistan, and other countries ?
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Sep 26, 2014 02:21pm
Who is afraid of the meowing tiger?
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Sep 26, 2014 02:29pm
what a joke.. now Indian court should summon the Bush, Obama and all the american presidents for waging the wars. They (USA) thinks that they are the only one who deliver the justice on this Planet earth.
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Sep 26, 2014 02:33pm
Nice drama
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Sep 26, 2014 02:33pm
@Sunil ...so you do agree with the petition...
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Sep 26, 2014 02:36pm
It would be wise for the indian trolls to just wise up and follow the proceedings before commenting on them with prejudice. With all the advancements that india has made and i acknowledge, the fact that corruption is still rampant in your country cannot be denied. Thus the doubts over your courts decisions.
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Sep 26, 2014 02:41pm
who cares, what can American Judiciary do about modi?
He is leader of more then 1.25 B people
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Sep 26, 2014 02:44pm
It is kind of funny but no one is laughing.
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Sep 26, 2014 02:57pm
US court has voiced for oppressed muslims during Modi's tenure as Gujrat chief minister. Hope Modi has now learned a lesson and will not repeat same mistake as prime minister. But the question is who will punish the culprits of Gujrat massacre.
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Sep 26, 2014 03:07pm
The US and their courts, funny people
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Sep 26, 2014 03:12pm
Every word in that petition is correct. Modi should arrested before he leaves New York and handed over to ICJ.
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Sep 26, 2014 03:15pm
@Qaisar there is nobody to punish
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Sep 26, 2014 03:21pm
who cares?. Modi is a leader of more then 1.25 B people,
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Sep 26, 2014 03:27pm
a) Modi has 21 days to respond, if he chooses to do so.
b) Modi has been declared innocent thrice by the Supreme Court of India, which is the rightful mechanism to address any concerns.
c) New York is not Nurenberg, they can't hold such trials.
d) Unlike the British system that India-Pakistan follow, the US court issues summons first and investigates later. We do the opposite.
e) US is right now wooing India to join the war against ISIS, so this might be an aberration that will be easily ironed out.
Modi has shown himself to be a statesman and the Indian foreign service has matured enough to handle such concerns. I don't know what will happen in the coming days, but that is my reading of it.
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Sep 26, 2014 03:47pm
@Qaisar why did the Gujrat riots start ?
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Sep 26, 2014 03:55pm
Nothing will happen. US and Hindustan are in the same boat. They will never actually do anything concrete in this case.
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Sep 26, 2014 04:12pm
well 99 percent of world leaders should be in courts then
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Sep 26, 2014 04:13pm
well obviously Muslims are always the victims, they are innocent as new born babies.
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Sep 26, 2014 04:16pm
@Indian In Iraq,Afghanistan and other countries.
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Sep 26, 2014 04:17pm
@Ismail I am
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Sep 26, 2014 04:33pm
the americans can shove this summons up where the sun dont shine. Many hindus and sikhs have also died due to riots so perhaps this 'American Justice Center' should fight for them too. Mr. Modi has been acquitted by the supreme court of india and its nobody else's business...Its time to be like china and tell these people to get off. how can they be more bothered about this than indians who have duly elected him, showing that they dont care for these stupid accusations...PM Modi should turn around and return. We have nothing to lose.
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Sep 26, 2014 04:44pm
Perfect. First the PLA send their troops in Indian territory when Chinese president was in India and now when Modi is in america, this happen. Does Modi got any reputation what so ever?
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Sep 26, 2014 04:55pm
He is Citizen Of India not U.S.A, 2ndly he is Prime Minister Of world's biggest democracy and Mr. Modi already faced all trials in Indian District and State courts for whatever happened in Gujarat. May God give some humanity to those Americans,Britishers and Australians who killed thousands and thousands people all over the world. They first punish those who makes jokes of god those who killed Japanese those who killed lakhs of Asian while ruling asia. We indians know whom to punish and when to punish, let american courts issue useless summons to non-americans.. Don't care at all
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Sep 26, 2014 05:11pm
@Taimoor Khan : Does modi government have any reputation? Modi's first 4 month. Investment deals with Japan $37b. China $20b. I don't have to share any details of bilateral trade. Google yourself. Modi is addressing a crowd of 30000 at Madison Sq ggarden tomorrow. He has one on one meeting tomorrow with CEO's of Google, pepsi, boring etc tomorrow. S & upgraded india's economic outlook to stable. All in 4 months. OUCH. Do you need more
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Sep 26, 2014 05:20pm
@Qaisar Do you know why it was initiated. Hindus coming from ayodhya were burnt alive by Muslims. India is the only country where muslims are more secure. If you see the condition of Hindus in pakistan there population has shrinked so fast because of conversion whereas in India they are becoming prosperous and there growth rate is good.
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Sep 26, 2014 05:27pm
PM Narendra Modi is immune, does not have to heed, to the summons.
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Sep 26, 2014 05:28pm
@Ahmer why did the gujarat riots start in first place. Secong in wch court shd we summon bush obama and another nato alliance and all the terrorist who kill thousanda and thousands of ppl in afghanistan iraq syria etc .
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Sep 26, 2014 05:29pm
@Qaisar The Gujarat riots broke out after a train carrying mostly Hindus was set on fire at the station in Godhra, a predominantly Muslim area, killing 59 people. Blaming Muslims, mobs of Hindus rampaged, raping, looting and killing in a spasm of violence that raged for days and persisted for weeks. More than 1,200 people died, most of them Muslims.
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Sep 26, 2014 05:30pm
Modi is an Indian national and the Prime Minister of one of the most populous democratic nation on the planet. He does not have to and should not answer the summons. Whatever happened, happened in India, the courts cleared him. Who is America to ask him to answer to them. If the issue needs to be brought up, it should be brought up in the United Nations.
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Sep 26, 2014 05:35pm
Nothing will happen and this criminal will go scott free without even a civil liability.
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Sep 26, 2014 05:35pm
@Indian, why don't you file a case against them.
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Sep 26, 2014 05:37pm
A riot or a massacre? Over 1000 killed because they belonged to a cummunity and it is a riot! A riot is when you burn tyres and smash windows. Dawn rightly calls the Mumbai killings massacre. Why not use the same terminology here where many more were murdered?
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Sep 26, 2014 05:42pm
First instance in the history that a visiting PM will first see the court
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Sep 26, 2014 05:43pm
@M. Siddique :Because he's not stupid.
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Sep 26, 2014 05:44pm
More than likely the summons are gonna end up on the desk of the junior most employee at the Indian embassy in D.C. They are going to sit there until that employee takes them home for his/her child to draw some doodles on. Meanwhile Mr. Modi is gonna do his thing and go home.
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Sep 26, 2014 05:45pm
But the symbolism of this act wont be forgotten soon by New Delhi.
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Sep 26, 2014 05:49pm
Nothing wrong here. Modi was not efficient in controlling the riot in Gujarat which results in the death of ~ 1000 Muslim people and ~400 Hindus as well, rather its seems he let it happen just to teach a lessons to Muslims who burn the train and kill all the passengers in it. Whatever it unlawful, both the riot by Muslims and killing of all the passengers in the train at Godhra train station. So if a court, even in US, summoned Modi its not incorrect either.
Now what about all the killing done in Iraq, Afghanistan and in Pakistan as well. And Pakistan helped US in these wars against unknown terror they are talking about. All the presidents of US and Pakistani Army head and PM must be tried in court of law for the killing of more than 200,000 innocent people (mostly Muslims) in Iraq, Afghanistan and in Pakistan. Don't you agree.
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Sep 26, 2014 05:51pm
Pakistan had 10+% minority at the partition. Now, it is less than 1%. Who is to blame for? Zia-ul-huq or whoever (US) was supporting him?
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Sep 26, 2014 06:22pm
@Ahmer
can you make it happen , buddy
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Sep 26, 2014 06:30pm
@M. Siddique
ahh, can't your esteemed self do something.
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Sep 26, 2014 06:35pm
"but some members of religious minorities still fear a rise in communal tensions under a MODI government."-------- they need to be worried . look at how muslims behave in INDIA now.
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Sep 26, 2014 06:35pm
@Qaisar
May be IslamaBAD?
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Sep 26, 2014 06:49pm
@Abhishek hindu population shrinking is only partly due to conversion; the others were just butchered.
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Sep 26, 2014 06:54pm
Get a hand cuff for the man for killing thousand of innocent men, women and children in his country. No immunity for the murderer.
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Sep 26, 2014 07:05pm
Gone are the days when US could boss over India or Pakistan. The current era is about business and US knows what it means by messing with the world's 3rd largest GDP (PPP) nation. If all the people from Indian subcontinent resign from US firms, their economy will sink in a day.
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Sep 26, 2014 07:06pm
@sharabi A Mass-Murderer can never ever be a leader!
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Sep 26, 2014 07:07pm
@Indian - It’s like saying you scratch my back, I scratch yours. Criminals are not prosecuted on tit-for-tat bases. Nice of you to admit “genocide” against Muslim countries though but why sudden change of heart?
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Sep 26, 2014 07:12pm
So, Modi joins those selected list of people 'summoned' by US justice system. Previously, then ISI chief, Pasha was sent summons, what happened ? Later, Indian leaders Manmohan Singh and Sonia Gandhi were sent summons. Everyone knows the outcome: Nothing will happen.
Also, some readers, who on other days blame US for everything bad in Pakistan or in other Muslim countries, are happy over this news and almost expect a conviction before Modi leaves US. Why ?
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Sep 26, 2014 07:12pm
He is a murderer and should be punished strictly.
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Sep 26, 2014 07:13pm
@Sunil - "Modi is immune" to what?
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Sep 26, 2014 07:16pm
This murderer should be punished
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Sep 26, 2014 07:19pm
@Hindu I guess u should go back and check history
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Sep 26, 2014 07:43pm
@Rishabh Jain : RIGHT!
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Sep 26, 2014 07:45pm
@Taimoor Khan : PLENTY!
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Sep 26, 2014 07:49pm
@Anjum : now Indians should sue indian, Pakistani, and Balgla Muslims as heirs and long term beneficieries of the atrocities committed by the Mughals to settle historic massacres, unjust racist taxes, desotruction of places of worship, and invasion.
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Sep 26, 2014 07:55pm
@Abhishek
you are lying, there was no muslim mob to burn those pilgrims. They were cooking on the train, the indian courts themselves said so.
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Sep 26, 2014 07:56pm
@M. Siddique: Did YOU file a suit against Modi, in a Pakistani court? do you know why American are afraid of the International Court of Justice and don't recognize it?
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Sep 26, 2014 08:01pm
@jj: Produce some evidence of Indian atrocities in Afghanistan, Iraq and Pakistan and Americans will investigate for you!
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Sep 26, 2014 08:02pm
@zak the supreme : Look at the minorities and esp the Ahmedis in Pakistan FIRST!
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Sep 26, 2014 08:05pm
@piyush
judging by PPP, Pakistan is wealthier than most of Europe and Saudi Arabia. We are not! PPP is a measure that lets countries with large populations seem wealthier than they are.
how many Americans are going to bed tonight without food in their belly? how many indians/Pakistanis?
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Sep 26, 2014 08:07pm
@Paul Kurian
you mean like Ayodhya, Gujerat or the 1984 anti sikh riots?
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Sep 26, 2014 08:19pm
This Jane Doe has no guts to reveal his real name. What a farce? NY court is so stupid that they did act hastily that USA and its leaders would need more explanations to appease Indians and Indian Government now again. Let us be clear - USA cannot remain isolated without active participation of India in the global economy and also need its support in countering other regimes in the world. It is a piece of trash for Modi and Indian Government not worth commenting.
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Sep 26, 2014 09:04pm
@vaqas ...Modi was in court when Congress Govt. was in power. Do you people think congress Govt. would let him free if he had done anything wrong? They would have convicted him and put him in jail long time ago. They tried every thing but justice prevails. I guess it is too much to ask you Pak citizens to think!!!
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Sep 26, 2014 09:16pm
@DESMET If indeed you figures of the percentage of minority population at independence are correct, don't forget that most Pakistani Hindus lived in East Pakistan. After the creation of Bangladesh their number in Pakistan would decrease, wouldn't it?
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Sep 26, 2014 09:25pm
This case is dead on arrival. Head-of-state immunity is a doctrine of customary international law. The doctrine of head-of-state immunity is applied in the U.S. as a matter of customary international law and as an incident of the executive branch's authority in the field of foreign affairs. Federal courts have continued to hold that foreign heads of state retain absolute immunity from suit in U.S. courts.
Given the outright immunity, this summons is just a joke and reflects poorly on the lower court that issued it.
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Sep 26, 2014 09:41pm
An US court has no jurisdiction over a matter of India. Is this USA justice dumb fool, who allowed this petition in the court? Would USA system allow other country's judiciary to arrest its leaders for crimes?
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Sep 26, 2014 09:54pm
@tariq
what response do you need for a joke. Seems like you are taking this joke as serious one. We are getting lot of laugh. That is our response.
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Sep 26, 2014 09:56pm
@Ismail
Bhaiyya, we are all laughing only. But you can't see us i.e. why you don't know.
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Sep 26, 2014 10:13pm
@Ikram Nothing is going to happen to him in USA. He is speaking tomorrow at Midison Sq Garden NY , Check the crowd it will be like never seen before.
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Sep 26, 2014 10:39pm
Please note ...
The complaint was filed by a private organization. It was not filed by the US government.
It was filed in a New York state court by the private organization who are based in New York. It is not in the US Federal court system. Later, if the case is judged against the plaintiff in the state court, the plaintiff has the right to appeal it up to the federal level.
You can be sure that there is a broad spectrum of private organizations from the far left to the far right and everything in the middle. They flourish and push their agendas. Some are scary, some are clowns, some must be taken seriously. That's the nature of democracy in a nation of millions of people. Most folks see their antics, then shake their heads and move on.
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Sep 26, 2014 11:06pm
US administration has declared diplomatic immunity for Modi ,head of state can not be served any notice.Chapter closed.
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Sep 26, 2014 11:23pm
However, White House officials who did not wish to be named said that summons cannot be served to Mr Modi as he is entitled to full immunity as the head of a government.
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Sep 26, 2014 11:51pm
@Iqbal Bhai Not so.
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Sep 27, 2014 12:20am
@zak the supreme Yes, it can be done if our embassy works through the Pakistani immigrant community in a quiet and sensible manner.
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Sep 27, 2014 12:21am
Everyone in this world is a hypocrite! World tensions are rising. World war soon?
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Sep 27, 2014 02:13am
The court may please order retaining him at US and to call all the witnesses of victims families from India so that a fair trail in Gurat genocide is conducted and all the accused punished in accordance with international law of justice. No fair trail of such powerful people can be carried out in India.
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Sep 27, 2014 04:32am
@Taimoor Khan India has come of age.The rise of India for some countries and societies with stereotypical perceptions about the former have proven to the contrary and inturn have given them a jolt for which they are utterly helpless and are now trying to show their bravado or malign the character of its leader who is proving himself to be above the rest. Well I got news for you you have seen nothing yet this is just the preview of great things to come in the next decade.
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Sep 27, 2014 07:01am
Nothing is going to happen to Sir Modi. Indo --American lobby is very very Rich and Very Very powerful in USA. Modi will be addressing to more then 30000 supported in madison park tomorrow .
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Sep 27, 2014 07:03am
Jane DOE? Give me a break! LOL
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Sep 27, 2014 10:42am
@vaqas Judiciary in India remains one of the most trustworthy institutions. No one questions their independence. Besides, if he is a state of a head and if convicted, wont visit US again. Infact, India might choose to do tit for tat for American head of state and put mutual relationships in downward spiral. And all this for monetary benefits, 12 years after the event. where does George bush stands for "WMD" and what he has done to Middle east where he didnt belong to in the first place. why not file a complaint against him???
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Sep 27, 2014 10:51am
@M. Siddique. Criminal is someone who is convicted, not someone who is accused. Civil liability to whom? American Justice centre? how come gujarat has any more liaility than Israel to them?
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Sep 27, 2014 01:12pm
USA court have no right to summon the PM OF INDIA.
As far as riots 2002 is concerned,clean chit is given to modi ji by supreme court of india.
I think,USA court is not superior than the supreme court of india.
If USA court is really worry abt human right then firstly summons to the American presidents who bombarded the atom bomb in JAPAN.they are still involved in drone attack in IRAK,SYRIYA,AFGANISTAN & PAKISTAN in which mostly killed the innocent people.
By the bay india don't care about summon by the USA court.
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Sep 27, 2014 02:51pm
@Ahmed hahhhhahhah! nice joke
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Sep 27, 2014 09:22pm
Everybody is busy attempting to achieve few minutes of glory. US laws cannot serve summons or ask for court appearance to a visiting head of state. It is like a Pakistani filing a petition against Obama in Pakistan and what will the court do? Attempt to send summon to Obama so that the case can proceed. Everyone is wasting their time.
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Sep 27, 2014 09:53pm
@Taimoor Khan : Did you know that the PLA has asked for flag meeting and there foreign affairs minister has said that they will vacate by 30th September ? Everybody is trying to test Modi's resolve.....I guess nothing good is coming out of it.
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Sep 27, 2014 10:15pm
Those riots were in India and no US court has any jurisdiction over it. This is just politics. Modi is being received like a star. Last night Madison Square Garden was sold out for his speech in Hindi.
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Sep 28, 2014 01:28am
@Ahmer lmao
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Sep 28, 2014 04:09am
@Justice demands Chief Minister of Tamil Nadu was today convicted. She is one powerful lady if you must know.
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Sep 28, 2014 04:12am
@Qaisar Indian courts. They have already convicted a minister of Modi's cabinet but Modi was absolved by the Supreme Court of India. India's judiciary unlike its counterpart in Pakistan is independent. Today one CM is convicted.
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Sep 28, 2014 07:34am
@vaqas : apni kher manao. Public is with him
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Sep 28, 2014 08:51am
@vaqas Same goes for Pakistani trolls......
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Sep 28, 2014 08:58am
@Akram Oh so you were there...
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Sep 28, 2014 12:59pm
Haha.. what a joke nonsense joke news. There no such thing in reality just check the popularity of indian prime minister in America on net ur eyes will tear wide on reality
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Sep 28, 2014 01:41pm
@zak the supreme darling is Nawaz Sharif responsible for killing by drones by a foreign country.u guys r impotent given a few dollars
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Sep 28, 2014 04:49pm
People of India has judged Modi with very clear mandate . Indian courts have also cleared him of the charges. These are important and other things don't matter. People are just splashing news which has died its own natural death in India. No one talks about it. Ever since he became PM, he has been speaking of progress of the region and extends friendly relations with all countries and primarily the SAARC countries.
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Sep 28, 2014 06:54pm
Modi been treated in USA as a hero. Never seen anyone from South Asia so popular. True leader. I salute him. Different from other politicians. Interesting person with a strong personality.
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Sep 30, 2014 06:01pm
Modi is one of thr greatest statesman of the sub continent. The court summon will responded in the most appropriate manner, and the issue was resolved. It is more of a publicity stunt than anything to do with the Gujarat massacre. The majority of Muslims know that and they love Modi.
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Oct 02, 2014 04:14pm
@Qaisar Hi they have already been punished. Dont you know???? The one who torched the train before the riots, remember?? were punished by the public only. How? ask yourselves.
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Oct 02, 2014 04:37pm
@Taimoor Khan Modi got the reputation he deserved. Smacked the Chinese hard, when was asked if he needs Kashmir arbitration against China. His answer "No, Chinese and Indians are mature enough to solve their pending issues bilaterally", Chinese withdrew from Ladakh long back. The Chinese premier came, was treated well, and was sent away with a message to behave well, he went back and lambasted at his PLA brass. About the Americans: Modi went there, Americans filed a law suit against him, law suit was made a mockery of by none other than the great American President. Conclusion: Modi's reputation is bigger than the 2.2 million PLA and 200 years old American LAW. Got your reply sir?
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