PM Modi enjoys immunity, cannot be issued summons, says US as India slams court order

New York: Visiting heads of State not only enjoy immunity from American lawsuits but also they cannot be personally served or handed court summons, the US said on Friday, a day after a court issued summons against Prime Minister Narendra Modi for his alleged role in the 2002 communal violence in Gujarat when he was the state's chief minister.

The summons against Modi were issued by US Federal Court for the Southern District of New York following a lawsuit filed by the New York-based American Justice Center, a non-profit human rights organisation, along with two "unnamed" survivors of the 2002 Gujarat violence.

"We are aware from press reports of the lawsuit that was filed against Prime Minister Modi yesterday in the federal district court of New York," a senior Obama administration official told reporters during a conference call when asked about the lawsuit against Modi.

"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," the US 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.

"In addition, as a matter of treaty, heads of delegation to the UN General Assembly enjoy immunity while in New York to attend the UN event," the official added. Modi is scheduled to arrive in New York on Friday on his maiden US visit as prime minister.

Meanwhile, India rubbished the case as "frivolous and malicious attempt" the case filed in a New York court against Modi for his alleged role in 2002 communal riots in Gujarat during his chief ministership, saying "vested interests" have raked up the matter to "vitiate" the atmosphere during his visit.

In an unusually strong reaction, External Affairs Ministry spokesperson Syed Akbaruddin said it was aimed at distracting attention from the Prime Minister's visit to the US beginning today. "This case is a frivolous and malicious attempt to distract attention from the visit of the Prime Minister to the United States," he said adding "appropriate steps are being taken to address the matter."

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