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NEW YORK: A US judge in New York on Wednesday dismissed a lawsuit against Indian Prime Minister Narendra Modi that accused him of “attempted genocide” over deadly anti-Muslim riots in 2002.
Judge Analisa Torres threw out the suit on the grounds that Modi is immune from the court’s jurisdiction after the US government said he is entitled to immunity as a sitting head of government.
The American Justice Centre, a human rights group, filed the civil suit against Modi in September, accusing him of initiating and condoning the massacre, and holding him responsible for the deaths.
The outbreak of anti-Muslim violence left at least 1,000 people dead in 2002 in the western Indian state of Gujarat, where Modi was then chief minister before he was elected prime minister in 2014.
Modi denies any wrongdoing and the Indian courts have cleared him of all charges, but he remains tainted by the episode. The judge’s decision comes two weeks before US President Barack Obama is to be guest of honour at India’s Republic Day celebrations on Jan 26.
Published in Dawn January 15th , 2015
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Comments (123) Closed
Jan 15, 2015 09:31am
Who said Justice is served in western world?
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Jan 15, 2015 09:38am
Well not exactly thrown out. Just set aside for the time being.
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Jan 15, 2015 09:42am
Power of modi
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Jan 15, 2015 09:44am
good decision by us.....
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Jan 15, 2015 09:53am
Bad news for some.
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Jan 15, 2015 09:53am
well it depicts US judiciary is not independent. 'this decision' for a man who has admitted his wrong doings in "Awam ki adalat".
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Jan 15, 2015 09:56am
Most over-rated story?
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Jan 15, 2015 09:59am
See.. Everyone is knowing the truth except Pakistan
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Jan 15, 2015 10:01am
so many comments come know from pakistan side with discomfort while when china banned hijab no one there to comments thats the real face how the mentality made in pakistan
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Jan 15, 2015 10:07am
The alleged torturer and murderer of Jalil Andrabii, Kashmiri Human Rights Activist killed by the Indian Army was also hiding out in America.
Perhaps Human Rights Watch and Amnesty International were asleep on the job here.
This ex Indian Army officer needs to be taken to the ICC for War Crimes trial immediately.
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Jan 15, 2015 10:07am
Truth will prevail always..!!! Please friends don't come up with any new conspiracy theory...
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Jan 15, 2015 10:09am
Only heaven knows if he is guilty or not...Thanks to presidential immunity and executive control of the Justice Department, there are no consequences to executive branch lawbreaking. And when it comes to presidential lawbreaking,or involvement of diplomats in crimes or the sitting president could literally strangle someone to death on national television and meet with no consequences. folks... this is called justice
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Jan 15, 2015 10:11am
Bad news to Pakistan readers...All their claims are void now. LOL...
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Jan 15, 2015 10:15am
Whatever accusation against Modi is just because of Congress Party as they did not compete with him in last 15 years otherwise Congress is also responsible for deadly riots against Hindus of pre and post partition era............
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Jan 15, 2015 10:16am
The US justice system is not as free and independent as they would like the world to believe.
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Jan 15, 2015 10:23am
US considers its financial gains first then comes humanity. It was just as expected........................more to come in future from US.
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Jan 15, 2015 10:25am
We are talking of the length of the court cases in our country. Its a shame for the world old democracy and more develop nation to take 13 years to decide that he should be immune on the ground of being head of state.
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Jan 15, 2015 10:25am
So the judiciary is influence by the government in US - and not by law in some cases then. This is not befitting a democratic state.
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Jan 15, 2015 10:26am
justice denied!!!US will have billions of $$$ contract with India thats why give them all immunity towards of innocent killings in Kashmir, Gujrat or even LOC, God Bless Globe.
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Jan 15, 2015 10:30am
Surprised that India never punished the main culprits, how can it when India itself is sponsoring terrorism in Pakistan.
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Jan 15, 2015 10:30am
"Truth will ultimately prevail where there is pains to bring it to light."
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Jan 15, 2015 10:33am
Satyamev Jayate ! Truth alone wins !
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Jan 15, 2015 10:36am
Narendra Modi first of all he is not a US citizen, and the Godhra riots has nothing to do with US.
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Jan 15, 2015 10:37am
It was conspiracy of Sonia and her congress party ..Modi is clean politician
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Jan 15, 2015 10:38am
sensible
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Jan 15, 2015 10:41am
How is Gujrat riots jurisdiction of US courts ?? USA has nothing to do with the issue, judge correctly dismissed it. It is responsibilty of Supreme Court of India, which already looked into the issue at length and said there is no evidence of wrong doing against Mr.Modi.
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Jan 15, 2015 10:42am
All the story created by Congress Party.. Modi after clearance from Supreme Court of india how they can say Modi was responsible for that riot?? in India lots of riots happens & take place but never any CM or PM taken responsibilty than why only Modi??????
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Jan 15, 2015 10:45am
Hiding behind immunity as head of state otherwise he would have been convicted! Be proud of your leader
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Jan 15, 2015 10:52am
Of course.
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Jan 15, 2015 10:53am
Hence proved US courts can also take decision on political pressure. its not power of Modi its shameful for US and Endiia
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Jan 15, 2015 10:55am
This is expected one. American's court don't have any rights to convict third nation's citizen unless done something against america or in their territory. They have summoned Soniya for killing Sikhs in riot and then Modi for Ghotra riot. It is stupidity that American's federal court accepted the case to file. If someone want to file the case, they need file at Indian court and not in American court. In the future Aliens are going to make war with earth for the reason American federal court sent the summon for their king?
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Jan 15, 2015 10:55am
in 10 years congress used every possible govt machinery to get him arrested in India ,nothing came off .1st chief minister to be grilled by police for 7 hours .....modi came out even brighter...Good that the US courts also accepted it.
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Jan 15, 2015 11:02am
He should the immunity he is entitled to as in the capicty of Head of State. These immunity will be set aside once the incumbent is replaced until then -no justice. Except for Gujarat massacre I have not heard anything particularly bad past about Modi. Honestly he seems better than Pak leaders, specially who have led country since Musharraf has left.
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Jan 15, 2015 11:02am
@Shafique Modi did not travel to US when he was a chief minister of an Indian state because US did not grant him a visa but it did not matter to him because he held video conferences with people in US sitting in India.
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Jan 15, 2015 11:03am
I have filed a lawsuit against Obama in ghaziabad court for the racist cops killing blacks allover US. Mr and Mrs. Obama will be present for hearing on Jan 27th...Bail will be offered for Rs. 350 cash (no fake pakistani currency)...
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Jan 15, 2015 11:03am
Clean chit by Indian Supreme Court. Clean chit by US court. But Pakistanis have decided that Modi personally killed people. You cannot fight lack of knowledge.
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Jan 15, 2015 11:04am
@Shafique - He was cleared by Indian Supreme Court. What do you want, brother? Modi should stand trial in front of Saudi Sharia Court???
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Jan 15, 2015 11:06am
@Pakistani "This ex Indian Army officer needs to be taken to the ICC for War Crimes trial immediately."
Major Avatar Singh is dead(shot himself). http://abcnews.go.com/US/california-man-wanted-murder-india-kills-wife-children/story?id=16533835#.T9QICbDrrVU
But before that, GoI did seek his extradition from the US. http://abc30.com/archive/7987051/
Bro, there is something called as "research". Its ok if it were an honest mistake, but since ur post had nothing to do with the article, it means u knew something about the murder of Jalil Andrabi, and jumped the gun to post it here before finding out all the details.
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Jan 15, 2015 11:06am
@Shafique By that same logic, so many killers and dreaded terrorists hiding in Pakistan, do you hand them over to us? Yardstick of measurement should be same. We understand that most Pakistanis are anti India, so, we don't expect them to be neutral and just when the case relates to India.
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Jan 15, 2015 11:08am
US justice system is hypocrite.
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Jan 15, 2015 11:10am
@Zohaib "The US justice system is not as free and independent as they would like the world to believe."
Its not like that, the US justice system knows its jurisdiction. Its not like Batman(Batman has no jurisdiction).
Unlike some of ur other countrymen(presuming that u r pakistani), who have crowned themselves as representatives of Indian muslims even after being told on their faces by the likes of Maulana Madani and Asaduddin Owaisi.
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Jan 15, 2015 11:11am
@Dr. Ghazi Compare to what? why and how?
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Jan 15, 2015 11:14am
This time he bribed Obama, but the long arm of Justice will one day surely get hold of him.
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Jan 15, 2015 11:15am
@Shafique ha ha good joke then mushrraf why went to london...?? but modi during trail also he stayed in gujrat only
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Jan 15, 2015 11:17am
At least our pro-West cabal would stop praising Western justice for a few days.
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Jan 15, 2015 11:20am
Rambo Modi, sail from all hurdles and becoming world's most powerful man !! Modi Modi Modi !!
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Jan 15, 2015 11:34am
Why can't our courts take suo motu notice of Gujarat slaughters?
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Jan 15, 2015 11:35am
No one should question Lakhvi bail now..
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Jan 15, 2015 11:35am
Modi's justice as expected.
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Jan 15, 2015 11:36am
@Shafique
Remember Jinnah, Suhrawardy and "DIRECT ACTION Day!
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Jan 15, 2015 11:37am
Modi was unduly charged with these communal killings for political reasons by the Congress Govt., even when he desperately tried to save these people. Modi is a strong leader, he does not differentiate between religions. That is the reason why even after 3 different investigations including by the Country's Supreme Court did not find anything against Modi.
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Jan 15, 2015 11:44am
@hyat the problem with you Pakistanis is that you only know everything and all others are wrong. have you ever realized that in most cases the reverse is true. thats why Pakistan is suffering .even your good old china does what ever it wants with you. ,not to mention USA who walks in and walk out of Pakistan after doing whatever they want. good luck blame india for every thing
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Jan 15, 2015 11:51am
The doors of the world will open up and foes will want to become friends for a person with the right set of ideas, vision and foresight. Love him or hate him, Modi has proved his that he will not be just forgotten, or spoken to only when needed, by the world. He has silenced his critics, trembled his enemies and impressed the masses. Once refused visa to US, he is now welcomed with open arms. Pakistan and India got independence 24 hours apart, and today the difference between how both countries are treated is so obvious.
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Jan 15, 2015 12:02pm
@InsafKaTarazu good one..
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Jan 15, 2015 12:05pm
Selective justice.
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Jan 15, 2015 12:07pm
US is determined to establish good relations with PM Modi who they think will be in power for a long time. Obama will be the 1st US president in history to visit New Delhi for our Republic Day parade. Modi is a great Indian nationalist, has pro-business and anti-Communist policies. Only people who are jealous of him keep bringing up Gujrat riots.
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Jan 15, 2015 12:08pm
The day is not far when PM Modi will command more power than the US admin.
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Jan 15, 2015 12:19pm
No where in the world judiciary is free and impartial.
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Jan 15, 2015 12:24pm
I thought that the US justice system as examplary indepent and free of politics.
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Jan 15, 2015 12:27pm
This was just a subtle message to Modi. We can make life difficult and embarrassing for you (the lawsuit) or we can make it easy (throw it out) for you as long as we are on the same page and you buy all your military hardware from us for next 10 years. It's all about money.
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Jan 15, 2015 12:31pm
@Sanjeev Yadav "Bad news for some." Bad news for justice.
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Jan 15, 2015 12:34pm
Gujrath Riots happend just 1 week after Modi had won the election and it was his first time as Chief Minister and he was never part of government before. Gujrath riot was the instant reaction of people who had lost their father, mother, sisters and brothers in the Rail burning in Godhra. I do not know, If Peshawar incident was done by some other community what would have been the reaction of another community on this crime to committed community. We have seen such reactions in 1984, after Indira Gandhi was killed by the followers of a particular community.
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Jan 15, 2015 12:35pm
@karachi Wally
He (Mr. Modi) is a down to earth person.. he make himself in this position from Tea Seller (Chay wala) to Indian Prime Minister,, & this is not a joke or about a matter..!
other leader said they will give to muslim - reservation, free Food, Free cloths etc etc but he always said that Muslim should take one hand Quran and other hand Laptop,, education,, & self dependent thus no need for free food, free cloths or reservation etc etc..
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Jan 15, 2015 12:36pm
@Avijit "The day is not far when PM Modi will command more power than the US admin." We will soon see horses flying in the air too.
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Jan 15, 2015 12:42pm
@Shafique yes, I am proud of Modi
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Jan 15, 2015 12:56pm
Hats off to this guy, he has the world at his feet.
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Jan 15, 2015 12:58pm
@ahmed
Please enlighten what is "Awam Ki adalat"
As we in a democratic nation judge by the decision made by the Courts under constitution
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Jan 15, 2015 12:58pm
US judge can let him go free but Nature will take its own course. Wait and see.
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Jan 15, 2015 12:59pm
He has not been acquitted. His case has been dismissed at the pretext of immunity being head of a government.
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Jan 15, 2015 12:59pm
@W. Shaikh
Justice in this case was not in US interest.
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Jan 15, 2015 01:01pm
@rapid force
Yes; "Freedom of Decision".
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Jan 15, 2015 01:02pm
@Chennai
Has he been acquitted?
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Jan 15, 2015 01:06pm
@Gurpreet Kaur , your comment challenging your own country's supreme court wisdom,this is not a way, you can check every international human right ngo and agencies that PM modi have done good job to stop riots even modi govt gave order to shot at sight that why 300 hindus also died, you can also watch madni statement about cong workers,its your wish if you wanna join anti modi industry but noone can hide truth, my point of view that gujrat riots was a clash between two communities its not like delhi riots.delhi riots was between cong and sikh community.you don't even know the truth, read khuswant singh I was in delhi that time RSS helped many sikhs and protected them.
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Jan 15, 2015 01:09pm
@KRana u want to deny the killing of 2000 human beings?
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Jan 15, 2015 01:12pm
How our beliefs can be wrong. None of us know the truth - whether Modi himself involved in riots OR he tried to control but could not OR Congress led centre deliberately created conditions to indict Modi directly in riots.
But now the world is coming to believe that it was Theory #3 which has more substance. Fringe people in denial mode can still call him mass murder and earn their own livelihood
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Jan 15, 2015 01:15pm
"The outbreak of anti-Muslim violence left at least 1,000 people dead in 2002" - Only one part of the episode related here what happened before has been conveniently left out. Can anyone tolerate the killing of innocent people by locking them in a railway compartment and then pouring kerosene and petrol and burning them alive. Totally biased reporting. In Pakistan for a supposed blasphemy a pregnant woman along with her husband in burned in a kiln and you people have the shame to point a finger at India.
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Jan 15, 2015 01:16pm
@Dr. Sadaf Dr.... Agreed.....but in Gujarat riots both communities were killed... Also do you recall that there was a train with pilgrims that was burnt ..!
Why do you not remember that?
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Jan 15, 2015 01:19pm
@Pakistani : And this from citizens of a country who remove eyes of POWs. If war crime tribunal was ever setup for baloch or Bangladesh atrocities then half of Pakistan's army will be guilty. Btw, whatever happened to Sarabjeets killers?
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Jan 15, 2015 01:23pm
The immunity didn't apply till may 2014, why couldn't they pursue a case against him till then? Now its just cheap gimmickry to make headlines.
12 years is a pretty long time. If there had been even a shred of evidence then they would have brought on the when he was not the PM
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Jan 15, 2015 01:27pm
The blessed prophet said tha even if my daughter fatima was to steal I would have he hand chopped off. The westen deceit they protect heads of state as if they are angel's
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Jan 15, 2015 01:28pm
A lot of folks from Pakistan are unwilling to look beyond propaganda...firstly 40%of those killed were Hindus, second the riots were unplanned and spread like wild fire....do you hold Mr Jinnah responsible for the partition massacre? Third. Mr midi did seek central government's help to contain the rights but this was delayed on purpose by congress at centre to ensure Modi is held responsibile for maximum damage.
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Jan 15, 2015 01:31pm
@W. Shaikh you asked, "Who said Justice is served in Western world"... believe me that I never said that. That said, the areas of International Relations/Affairs, Diplomacy, Foreign Policy etc etc. are not based on love or hate, fairness or otherwise. They are based on country's interests. There is no love for Modi but there is both potential for business and possibility to use him against China. Unfortunately for the US, India is good for neither but, as I said, it is business not love affair or some respect for a criminal...
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Jan 15, 2015 01:41pm
Does not matter. Modi's hands are still soaked with blood.
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Jan 15, 2015 01:41pm
@Pakistani -: problem with the Muslim world is that, they do not allow freedom to other religion in Muslim majority country but expect full freedom for them where they live in minorities.
Plz broaden your thought and live like human.
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Jan 15, 2015 01:43pm
@Sachin : I wont be surprised if Media in Pakistan dint report that trigger of these riots was Hindus being locked up in a train while returning from pilgrimage and set on fire.
This on either side no one is just black or white...just lighter or darker shades of grey
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Jan 15, 2015 01:47pm
iagain in the name of so called ''national interest''.
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Jan 15, 2015 01:49pm
Hey guys....
Not only in US... Which ever country modi case is take... There will be same output
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Jan 15, 2015 01:53pm
@Zohaib It's the international law not the Justice system
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Jan 15, 2015 01:55pm
@syed wasim haider : No, but did Mr. Modi kill them...do you jail mr Sharif for every murder, theft, violence and crime in Pakistan. For years Pakistan's government turned a blind eye to terrorists infiltrating in Kashmir... this resulted in death of kashmiri Muslims and Pandits - so should all of these be tried in court of law
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Jan 15, 2015 02:09pm
Money talks.
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Jan 15, 2015 02:11pm
@Zohaib As if your justice system is better than theirs when you let all the criminals roam free.
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Jan 15, 2015 02:12pm
@Gaurav Arya ANd who will be punished for the murder of children last month?
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Jan 15, 2015 02:16pm
@allpakcitizen It seems as if pak doesnt wants to change at all. I am not saying we indians have a perfect judiciary system and mindset but we have made significant changes at many instances whenever we felt frustated. The examples of change of power in bihar, giving majority to AAP (a year old party) and loksabha elections etc. It might sound cynical but arent pakistanis getting used to their condition and living in denial. Bangladesh is a much resilient country than pak. Sorry for the bluntness.
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Jan 15, 2015 02:22pm
@Kranti bad news will be for india when communalism rises again which it already is
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Jan 15, 2015 02:25pm
Thats the real america folks. Capitalism. US needs modi to carry out their regional agenda. Im sure once his purpose is served, they will reopen the case and convict him!
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Jan 15, 2015 02:27pm
@Shafique He is not hiding behind anything. He has faced the full face of law in India. He even took the US ban in his stride even though the ban had been wrongly imposed (Acknowledged by Farid Zakaria - Time Magazine - in his interview). Modi has allowed all political, judicial and religious forces to go after him in as much force as they can apply. Yet there has been no conviction against him. And mind you it was a hostile govt. run by govt. who had a single point agenda in maligning Modi aided and facilitated by spineles jpournos like Rajdeep Sardesai, Barkha Dutt, etc.
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Jan 15, 2015 02:27pm
@indian Musharaf faced the courts
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Jan 15, 2015 02:28pm
realy world leader modi
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Jan 15, 2015 02:29pm
Throwing out doesn't prove he is innocent!
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Jan 15, 2015 02:58pm
This speaks volumes about Wests hypocrisy
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Jan 15, 2015 02:58pm
@W. Shaikh! Oh yeah?? Weren't your ilk shouting praise on the US courts justice system when
Devyani Khobragade was indicted?? Selective criticism must say
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Jan 15, 2015 03:30pm
@javed well said - more news about India than Pakistan - is it really a Pakistani newspaper?
USA is free to do whatever they want, India & Indians don't care.
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Jan 15, 2015 03:33pm
@Jason "Pakistan and India got independence 24 hours apart, and today the difference between how both countries are treated is so obvious"
Actually they got independence at the exact same time. It is just the celebration of independence that is 24 hours apart.
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Jan 15, 2015 03:34pm
Dear Pakistani.......Head of region where any genocide will takes place, is not means head is involved in that genocide.....If that then PAK have right to say that....where are you when minorities in PAK are brutally killed and forced converted.....other riots also took place in this subcontinent but No head of govt is alleged...But only Modi......this is because of Opposition only a single agenda to counter development with communism....
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Jan 15, 2015 03:34pm
Well Done USA ........ You can do anything
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Jan 15, 2015 03:49pm
few simple question if Modi is guilty according to Pakistan then why Nepal, Bhutan,Japan,USA, Australia, Fiji, Myanmar, Brazil,China invited him to signed billion $ investment agreements within 7 months of his swearing in since May 2014?
why Kerry with 150 Business Delegates,UN President Baan Ki Moon, World Bank President Jim Yong Kim present with Modi at
Vibrant Gujarat Summit in Jan.2015?
why Mark Zukerberg (Facebook), Bill Gates (Microsoft), Indra Nooyi (Pepsico), Rometty (IBM),Warren Buffett (Berkshire
Hathaway),Mary Barra (General Motors), Mcnerny (Boeing) met Modi within 7 months of his swearing in since May 2014?
why Obama accept his invitation as Guest Of Honor on 26 Jan.2015 Republic Day? - he's the only US President who visit
India twice - He visited India in 2010.
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Jan 15, 2015 03:58pm
Killing of shites, Hazaras, ahmadias, Hindus, Christians and nobody ever punished. Maybe the Pakistan government and all it's leaders should all be tried for human rights. All these bomb blasts and shootings can not be happening without the the permission of the Pakistani leaders.
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Jan 15, 2015 04:06pm
@Bharat
Better compare Hindus living in Pakistan with Muslims living in India before you criticize.
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Jan 15, 2015 04:24pm
Headline calls those riots. What a shame! 1000 persons killed of a community killed in a frenzy and it's a riot? Dawn get it right and call it what it is, a MASSACRE.
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Jan 15, 2015 04:42pm
bba this is capitalism whatever suits you accept it otherwise deny it.
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Jan 15, 2015 04:47pm
Of course....he was declared as persona non grata for over a decade for no reason by the US government. What a joke.
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Jan 15, 2015 04:59pm
@Zohaib True true- courts in America relies on EVIDENCE! World courts should follow mid east courts- NO evidence required to convict anybody!
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Jan 15, 2015 05:01pm
@Shafique Convicted for what? Muslims set a train on fire killing hundreds of Hindus in their own land AND ITS MODIS FAULT? GROW UP
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Jan 15, 2015 05:42pm
@ahmed
When did he admit ? Stop yelling fire when there is none.
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Jan 15, 2015 05:42pm
Anyone commenting here should watch these videos, if you have access to Youtube - Modi's address to the Nepali's Parliament (first ever by a foreign dignitary) and Australian parliament (along with speeches of Australian PM and Opposition leader). Also, if you can watch the Newyork Madison Square Garden and Newyork Central park speeches(along with Jack Hughman) by Modi and Sydney's Allphones Arena event...and all the frenzy response he got in his foreign visits(Japan, Myanmar, Fiji, etc etc).. Even on Nepal people were protesting against Nepali government for not allowing Modi to make a public speech (specially when his visit to Janakpuri was cancelled).
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Jan 15, 2015 05:49pm
Wow ! Judge Analisa Torres.
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Jan 15, 2015 05:53pm
Few things for Pakistanis to ponder over
1. Riots in Gujarat had nothing to do with either US or Pakistan and it was internal matter of India for which Indian supreme court has already provided verdict.
2. Lakhvi was accused of crime against India hence it is not comparable to Gujrat riot case so please don't bring him into the matter and if you can't prosecute him, extradict him to India.
3. Modi was accused by then Congress government for not taking enough action to stop the riot and looking the other way. He was not accused of killing people personally.Going by this logic, there should be cases against Zardaris and Sharifs as during their tenures lots of killing of Christians and Hazaras took place and they did not do a thing. But as we all know, there are no cases filed against them.
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Jan 15, 2015 05:54pm
@Chennai, senseless comment. The victims don't live in Pakistan. Moreover Pakistan did not file a case against Modi. Where does Pakistan come into this equation.
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Jan 15, 2015 05:56pm
@Sunil, then why has it become a news item. Funny is it not.
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Jan 15, 2015 06:50pm
Finally, Justice has been given by honorable judge.
FInally Won the battle of justice.
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Jan 15, 2015 09:48pm
@ahmed : "well it depicts US judiciary is not independent"
Independence does not mean that the Judiciary can make laws of its own. It has to go by the laws which exist & the US law states that Modi has immunity as he's the head of a state.
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Jan 17, 2015 05:59am
@syed wasim haider
and nature will do what for u
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Jan 17, 2015 08:15am
First off, it is civil action and so no conviction. Second point: all civilized countries accord diplomatic immunity to Heads of States and Ambassador and other diplomatic personnel from all civil cases and criminal cases.
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