Prime Minister Narendra Modi, as a sitting head of Government, enjoys full immunity and cannot be served summons from any US court, the Obama administration stated categorically on Friday.
The official comment came close on the heels of a New York-based human rights group obtaining summons from a US federal court against the Prime Minister over the Gujarat riots of 2002 right on the eve of his arrival on a five-day visit to the United States.
Following news reports that the group, American Justice Centre, has obtained summons after filing a lawsuit in a New York court along with “two survivors” of the violence, a senior administration official was quick to clear the air with a detailed enunciation of the immunity aspect.
“While we cannot comment specifically on this lawsuit, I can tell you that as a general principle, sitting Heads of Government enjoy immunity from suit in American courts,” the official told reporters, adding: “Sitting Heads of Government also enjoy personal inviolability while in the United States, which means that they cannot be personally handed or delivered papers or summons to begin the process of a lawsuit.”
The official went on to say that in addition, as a matter of treaty, heads of delegations to the United Nations General Assembly enjoy immunity while they are in New York to attend the UN events.
Filed under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA), the 28-page complaint accused Modi of “committing crimes against humanity, extra-judicial killings, torture and inflicting mental and physical trauma on the victims, mostly from the Muslim community”.
Briefing reporters on the visit, senior administration officials said that President Barack Obama and First lady Michelle Obama were “very excited” to welcome Prime Minister Modi on what they termed a “historic” visit taking place at a “pivotal” moment that comes against the backdrop of a “landslide” victory with a mandate for reform.
“We want to seize the opportunity to reinvigorate the partnership with India,” they said and spoke of the American wish to collaborate on a whole range of issues from bolstering homeland security and Defence partnership to expanding the economic and trade relations.
With as many as 40 working groups have been dealing with different facets of US-India cooperation, the officials spoke of the “tremendous opportunity to realise the full promise of the partnership in the coming years”.
It being the first meeting between Obama and Modi, the officials expected the two to establish rapport and share their vision to take the bilateral relationship to the next level.
They indicated the possibility of the US seeking India’s cooperation in the ongoing battle against ISIS. Responding to a question, an official said that President Obama and Secretary of State John Kerry “look forward to discussing with Prime Minister Modi the many ways that we’re working together with various coalition partners to degrade and ultimately defeat ISIS”.
The official spoke of the “robust cooperation” that the United States has had with India in the fight against terrorism.