India-US Relations : News and Discussion

UlanBatori · Post by **UlanBatori** » 19 Oct 2014 07:15

Where is Anmol at this crucial time, hain? Post this on fb and teetar pls!
Farukh Zakaria = ISIS brat!

Civilized

Suave!

Inspiring!
Well-read!

krishna_krishna · Post by **krishna_krishna** » 19 Oct 2014 18:37

I want to post something important came across PB's interview in India abroad, here are couple of important questions I thought should be archived ?

On the KE affair, were you disappointed that SD seemed to be pulling rug under you ?

I'v made enough public statements about how that case unfolded and I think I'll leave it there (the same evening after the SD's announcement that kerry had called mennon and expressed 'regret' over the episode, Bharar countered by issuing a statement strongly defending his office's decisions, and pointing out hat the SD's office of diplomatic security had only initiated the khobaragade's arrest and turned over the material to US attorney's office. Bharar later said in interviews that our partner agency knew quite well -and in great detail- what my views are on how that case was handled)

vivek.rao · Post by **vivek.rao** » 20 Oct 2014 23:07

Preet Bharara wants legal immunity for Modi in US

The office of the US Attorney for the Southern District of New York Preet Bharara on Sunday, October 19, in papers filed with the US District Court in Manhattan strongly argued in favour of immunity for Prime Mimister Narendra Modi in a pending lawsuit against Modi that has been brought by an organisation based in the United States.

In papers filed with the court, Bharara's office stated, 'Of the interest of the United States in the pending lawsuit against Prime Minister Narendra Modi, the sitting head of government of the Republic of India, and hereby informs the court that Prime Minister Modi is immune from this suit.'

Thus, this action by Bharara's office, categorically knocked down the false contention in some quarters in the Indian media that Bharara was behind the summons to Modi, which Justice Department sources had described as "ridiculous" and said the action by Bharara's office clearly proved that "the opposite is true," since it had submitted papers to the Manhattan District Court in favor of immunity for Modi.

On September 26, a senior White House official declared that the summons issued against Modi by a New York court on the eve of his arrival in the US, for his alleged role in the 2002 communal riots in Gujarat when he was the state's chief minister would have no effect at all because he enjoys full immunity as a visiting head of State

Bharara's filing with the court on Sunday which provided legal reinforcement to the assertions by the White House, said, 'In support of its interest and determination, the United States sets forth as follows: The United States has an interest in this action because Defendant Modi is the sitting head of a foreign government, thus raising the question of Prime Minister Modi's immunity from the court's jurisdiction while in office.'

It pointed out that 'the Constitution assigns to the US President alone the responsibility to represent the nation in its foreign relations. As an incident of that power, the Executive Branch has authority to determine the immunity from suit of sitting heads of government.'

'The interest of the United States in this matter arises from a determination by the Executive Branch of the Government of the United States, in consideration of the relevant principles of customary international law, and in the implementation of its foreign policy and in the conduct of its international relations, to recognise Prime Minister Modi's immunity from this suit while in office,' Bharara's office argued.

It went on to discuss in detail that 'this determination is controlling and is not subject to judicial review,' and noted that 'no court has ever subjected a sitting head of government to suit once the Executive Branch has determined that he or she is immune.'

Bharara acknowledged that 'the Office of the Legal Adviser of the US Department of State has informed the Department of Justice that the Embassy of the Republic of India has formally requested the Government of the United States to determine that Prime Minister Modi is immune from this lawsuit,' and added, 'The Office of the Legal Adviser has further informed the Department of Justice that the Department of State recognises and allows the immunity of Prime Minister as a sitting head of government from the jurisdiction of the United States District Court in this suit.'

Mary D McLeod, the acting legal adviser at the US State Department, in her letter to Acting Assistant Attorney General Joyce R Branda on September 30, 2014 -- the day of Modi's summit with Obama -- said the Government of India had asked the State Department 'to take the steps necessary to have this action (by the American Justice Center et al v Modi) against the Prime Minister dismissed on the basis of his immunity from jurisdiction as a sitting foreign head of government.'

She urged the Department of Justice to 'submit a suggestion of immunity to the district court at the earliest opportunity.'

McLeod said her letter 'recognises the particular importance attached by the United States to obtaining the prompt dismissal of the proceedings against the Prime Minister in view of the significant foreign policy implications of such an action.'

The Justice Department's acquiescence to the State Department's request through Bharara's office comes 19 days after Modi's departure from the United States, which was considered a huge success in several quarters.

member_28108 · Post by **member_28108** » 20 Oct 2014 23:22

Means nothing - It just means that Preet Bharara has been advised that he cannot proceed and should not proceed and so he files accordingly.

TKiran · Post by **TKiran** » 20 Oct 2014 23:46

Prasannasinha sir, you are giving him benefit of doubt to that scumbag PB, you remember he lost the case in DK affair for arguing that DK did not have immunity at the time of her arraignment. He is hypocrite and sexist, and he hasn't been punished for his crime. Please dont forgive him for his role in DK affair by saying that he follows only his advisor's advice. He proactively participated in La'affaire Khobragade.

UlanBatori · Post by **UlanBatori** » 21 Oct 2014 01:45

IOW, orders from Pentagon to BO to SD to JD -

Heel, Preet, HEEL! Then fetch that paper and take it to the Judge!
Good (attorney ), now! That's the way!

Obedient (attorney), that's what the Hon. Mr. Bharara is, yep!

OK, first step done. We had laid out a 7-point response to this:
1. Get suit dismissed on grounds of no jurisdiction, no case, statute of limitations, malicious/nuisance filing deliberately misstating facts.

2. Sue for costs.

3. File countersuit for malice: $340M. $1 for every offended Indian voter, $10M in damage caused to Indian-Americans. Plus twice that in punitive damages.

4. Get depositions: dig up and expose the worms under this.

5. File a PIL suit and Amicus Curiae (from GOI) in Supreme Court of India pointing to the contempt shown to the Supreme Court. Get summons to all the worms.

6. Put out arrest warrants for the no-shows.

7. Seek extradition of those outside India.

Amber G. · Post by **Amber G.** » 21 Oct 2014 03:13

UBji -

You have made some good points, but personally I have also encouraged those guys (Not only the Lawyers of the American Justice Center, but PB's office as well as Ruby Krajick who signed the summon) to personally submit the summon to the PM.

After all, what was stopping them. If nothing else, everyone knew PM was at the White House. well if Omar Gonzalez can try to enter the white hose, these idiots certainly should have tried.

Even now, nothing is too late. Modi's residence is well known. So I asked PB and the gang to go there in New Delhi, talk to local security or police pandu for help (telling why he is there etc) and then try to serve the summon. That would be a proper thing to do.

Now they say they are not going to do it. Wonder why?

Those who wants to write to them, or publicize their names etc can look up these from:
http://www.thehindu.com/multimedia/arch ... 26838a.pdf

Also, Ruby Krajick and other address can be found here:
http://im.rediff.com/news/2014/sep/25modi_summons.pdf

I think idiots like PB and Krahick, and Judge Torres need to be laughed at publicly and we should help them to make their names well known..they should be ashamed of themselves.

UlanBatori · Post by **UlanBatori** » 21 Oct 2014 05:11

Oh, absolutely! I think the Hon. Rep Whittington, and the entire Americans Justice Center, should travel to New Delhi and personally educate the Supreme Court of India whom they hold in such poor regard. Teach dem 3rd-world heathain Supreme Justices a thing or two about REAL laws, what-what? Call them cowards for not standing up for Minorities? Teach them about Habib ul Corpses?

UlanBatori · Post by **UlanBatori** » 21 Oct 2014 05:44

Really class operation!
The law firm is called: (i am NOT making this up!) THE FIRM.
Babak Pourtravousi, lawyer.

vishvak · Post by **vishvak** » 21 Oct 2014 13:55

.. heathain ..

Dem heathain and pagain Mowdi not submittin' to whyte jail(catch dem who is walking darkie) and laaws. Whyte Jesus (and his father) believers us sent da police to search da graves and that ain't working either! Now only if us send those bones from soothern border to dem heathain and pagain place, us can prove dem whyte airyan horse invajun. Hallelujahs.

jagga · Post by **jagga** » 21 Oct 2014 14:21

US fund flow into Pakistan-occupied Kashmir dam floods Delhi with concern

India, upset with a recent US move to mobilize funds for a hydel-power project in Pakistan-occupied Kashmir (PoK), will lodge a protest with the Obama administration for supporting a venture in a territory which it considers to be illegally occupied by Islamabad.

pankajs · Post by **pankajs** » 22 Oct 2014 09:31

Lets wait for the process to be completed. These are intermediate steps.

Firstpost ‏@firstpostin 17m17 minutes ago

US court allows group to challenge Modi’s immunity in Gujarat riots case http://dlvr.it/7H65n4

New York: A US court has asked a human rights group to respond by 4 November to the US government's "suggestion of immunity" in a case against Prime Minister Narendra Modi for alleged crimes against humanity.

Amber G. · Post by **Amber G.** » 23 Oct 2014 08:28

President Obama Extends Warmest Wishes for Diwali

I want to wish a Happy Diwali to all those who are celebrating the festival of lights here in the United States and around the world. For Hindus, Jains, Sikhs and Buddhists, lighting the lamp—the diya—is a chance to remember, even in the midst of darkness, that light will ultimately prevail. Knowledge will defeat ignorance, and compassion will triumph over despair. Diwali is also a reminder that we must each do our part to achieve that victory, by dedicating ourselves to service to others. If we affirm our commitments to one another and strive to lift each other up, then together, we will continue moving closer to that brighter future we all seek.

America is a great and diverse nation, strengthened by the contributions of all our people. I was proud to host the first Diwali celebration at the White House back in 2009. Since then, we’ve continued to mark this holiday to honor the rich traditions that define the American family. And I know Michelle and I will never forget the wonderful time we had celebrating Diwali in Mumbai with food, dancing, and the company of friends.

So, to all the families gathering together this Diwali to reflect on all the blessings of the past year, I wish you a joyous celebration and Saal Mubarak.

To all american friends - You can wish Happy Diwali to PM of India here:
http://diwaliwishes.narendramodi.in/

Shreeman · Post by **Shreeman** » 23 Oct 2014 22:44

There is no wage theft in america.

Seriously, this belongs here. And you can fight over what this means or doesnt mean.

More will be forthcoming.

arshyam · Post by **arshyam** » 23 Oct 2014 23:08

^^ Hmm, a hefty fine of $3500. That's right - 3500 punitive dollars for underpaying a team of workers!

And our diplomat was arrested and subjected to a bunch of unprintable stuff for allegedly under-paying her (one) GoI sanctioned maid. All fair onlee...

Arjun · Post by **Arjun** » 24 Oct 2014 09:01

Modi's MSG speech seems to have created more waves than one would have thought outside of the Indian-American community ! Nick Bryant takes a pessimistic view of US state of affairs, and thinks India may be appropriating the 'exceptionalism' that was once the hallmark of the US:

America's sunk into a funk and lost its mojo

That an armed intruder could so easily enter the White House in the same month that an Ebola-infected patient was turned away from a Dallas hospital could in more self-confident times be written off merely as coincidence. In a country that looks tired and broken they seem part of the same downward trend.

The listlessness of Barack Obama, written on his face and audible in his meandering answers to reporters' questions, reflects this sense of national fatigue. Only six years ago, this youthful politician personified a uniquely American capacity to renew itself. Now, with voters about to go to the polls in the midterm congressional elections, candidates from his own party are scrambling to disassociate themselves from him. The Democratic candidate in the Kentucky Senate race, Alison Lundergan Grimes, will not even reveal whether she has ever voted for Obama. The president and the country both appear to have lost their mojo.

Warnings of US decline are by no means new. Rather, they provide a common thread for much of American history. The national conversation was just as gloomy in the aftermath of Sputnik, Vietnam, the inner-city race riots of the late 1960s, Watergate and the Iranian hostage crisis. Yet America has always rebounded. As the wit and commentator Andy Rooney once reflected: "It's amazing how long this country has been going to hell without ever having got there."

This time, however, America's problems are more profound. The sense of decline is more deep-rooted. It is not just the effect of two morale-sapping wars in Iraq and Afghanistan. It is not just the challenge posed by China, which, unlike the Soviet Union and Japan, has both a sizeable enough middle class and a strong enough economic model to challenge America. It is not just the rapidly ageing population – by 2030, a fifth of Americans will be 65 or older, compared to 13 per cent in 2010. Nor is it just because of a malfunctioning education system that has left America languishing at the bottom of OECD league tables on mathematics, science and technology.

More worrying is the loss of faith in the animating idea that has given America the drive, energy and resilience to rally, even at moments of national despondency: that belief in individual and generational advancement that lies at the heart of the American dream. In a recent survey conducted by the Public Religion Research Institute only 42 per cent of respondents agreed that the American dream still held true, compared to 53 per cent in 2012. In August, a Wall Street Journal poll found that only a fifth of respondents felt confident that life for their children's generation would be better than their own. In short, fewer Americans think their children will enjoy more abundant lives, a massive mental shift.

This Middle Class Funk is explained by an income freeze and also the perception of an opportunity gap. Since 2000, earnings for low and middle-income families have been stagnant. For the first time since the Great Depression, the average US family earns less than it did 15 years ago.

It would be an act of folly to write off America. It stills boasts powerhouse universities, like MIT and Harvard, the technological smarts of Silicon Valley, the financial acumen of Wall Street and an abundance of creative talent concentrated in Hollywood and New York. The US military spends more than the next 10 highest national defence budgets combined. But the American spirit, something much harder to quantify, no longer seems anywhere as optimistic or indomitable. It is rare these days to meet middle-income Americans who think they are getting ahead.

During this campaign season, the most buoyant speech I have heard came not from a US politician but the new Indian Prime Minister Narendra Modi. Before a rapturous crowd of Indian-Americans at Madison Square Garden, Modi argued that this century would belong to India rather than America, an assertion that only a few years ago would have been met with howls of laughter. In 2014 America, a country that's losing the knack of dreaming, it no longer sounds so outlandish.

pankajs · Post by **pankajs** » 24 Oct 2014 10:26

Megyn Kelly @megynkelly · 3h 3 hours ago

#NYPD probing possible terror ties in hatchet attack on officers in Queens. Tune in to #KellyFile for the latest.

Fox News ‏@FoxNews 2h2 hours ago

Gen. Tom McInerney on #NYPD hatchet attack: “It clearly is terror.” @megynkelly #KellyFile

Fox News @FoxNews · 2h 2 hours ago

REPORT: Alleged Facebook posts of #NYPD hatchet attack suspect had pro-terror messages. @megynkelly #KellyFile

Fox News @FoxNews · 56m 56 minutes ago

Terror connection not ruled out in ax attack, police say http://fxn.ws/1pGEdIc

After Ka-nada lone wolf in Amreeka?

JE Menon · Post by **JE Menon** » 24 Oct 2014 10:43

Khanada has for a long time been nurturing and brewing these animals, sort of like a Londonistan of the Americas. So now the irony hits, Immigration Board Officer's son is a jihadi. Fatah has long been warning of these types.

vishvak · Post by **vishvak** » 24 Oct 2014 12:17

When it comes to their own darling jihadis shooting within, then guns come out quickly.

chetak · Post by **chetak** » 24 Oct 2014 15:44

JE Menon wrote:Khanada has for a long time been nurturing and brewing these animals, sort of like a Londonistan of the Americas. So now the irony hits, Immigration Board Officer's son is a jihadi. Fatah has long been warning of these types.

When you lie down with jehadi dogs, you will get up with rabid fleas

or is that something that the soup-e-rear canadians have not yet learned so far??

kish · Post by **kish** » 24 Oct 2014 19:19

Confused, is this jared cohen guy a google employee or state department official? or is it both?

He is an 'alleged' expert on Middle east, central asia, south asia & south east asia. And has connections all around. Wikileaks Julian assange reveals a lot about this guy.

Quoting the part relevant about India. Wonder how all shady characters have influence in Bollywood?

Looking for something more concrete, I began to search in WikiLeaks’ archive for information on Cohen. State Department cables released as part of Cablegate reveal that Cohen had been in Afghanistan in 2009, trying to convince the four major Afghan mobile phone companies to move their antennas onto U.S. military bases. In Lebanon, he quietly worked to establish an intellectual and clerical rival to Hezbollah, the “Higher Shia League.” And in London he offered Bollywood movie executives funds to insert anti-extremist content into their films, and promised to connect them to related networks in Hollywood.

assange-google-not-what-it-seems

Google search & his twitter account @jaredcohen TL suggests, this guy has "worked" everywhere. From Libiya to Iran to Cuba etc

Hope Indian intelligence is aware of his activities.

pankajs · Post by **pankajs** » 25 Oct 2014 00:04

CNN-IBN News ‏@ibnlive 35m35 minutes ago

RT @CNNIBNBreaking US: Shooting inside cafeteria at high school in Marysville, Washington

CRamS · Post by **CRamS** » 25 Oct 2014 06:17

Can't believe this, DDM making a complete ass of itself with its obsession to dig for any dog bone achievement that impresses the whites, sometime overlooking simple facts in their zeal

http://qz.com/286962/this-is-how-the-me ... an-indian/

On the other extreme, "liberal" Nazi Pankaj Mishra has that anal itch & pain once again and his hemorrhoids bleed in the NYT

http://www.nytimes.com/2014/10/25/opini ... india.html

Philip · Post by **Philip** » 25 Oct 2014 06:34

The US questioning Pak;s wish for hundreds of PGMs/PG bombs,indicates that the Pakis are planning mischief and mayhem perhaps with their all-eather patron China.US funding in any manner of the TSP must be aggressively questioned by India,as funds for civil purposes are usually transferred to the military.

The US's failure on the international stage has been spectacular,with its dropping the ball in the MEast,allowing ISIS to explode upon us,armed and funded by the US's closest bum chums the "desert despots".Its asinine sanctions against Russia is sending the Eurozeone into an eco-collapse spiral,why a Spectator article predicts that the EU will surrender to Russia as it desperately needs the Russian business and energy more than the US.EU food products can't be sold to Russia but that does not affect the US in any way! The UKR is on the verge of eco meltdown and the IMF cannot bail it out.The German economy is falling and if no deal is worked out before winter sets in and the Russians turn off the tap to the UKR,it might lead to another global eco collapse,far worse this time as many experts predict.Pres.O'Bomber has truly "bombed" in his second stint and has the worst ever ratings for a US pres.He seems paralysed with indecision on every front and seems anxious for his term to quickly end while the US gets more isolated around the world.

Pres.Putin has some harsh words to say about the US's foreign policy,posted here as it is more appropriate.
Putin accuses US of causing global instability
http://www.independent.co.uk/news/world ... 16775.html

He said the likelihood of future wars had "sharply increased"
Kashmira Gander

Friday 24 October 2014

Russian President Vladimir Putin has accused the US of undermining global stability, and warned that the world will face new wars if Washington does not respect the interests of other nations.

During a speech in the Russian city of Sochi, the President argued that while Moscow does not see Washington as a threat US foreign policy has created chaos. Citing the wars in Iraq, Libya and Syria, he went on to accuse the US and its allies of “fighting against the results of its own policy”.

“They are throwing their might to remove the risks they have created themselves, and they are paying an increasing price,” Putin told political experts at the Black Sea resort.

“I think that the policies of the ruling elite are erroneous. I am convinced that they go against our interests, undermine trust in the United States,” he said without offering specific examples.

“The probability of a series of acute conflicts with indirect and even direct involvement of major powers has sharply increased,” he said. “Ukraine is an example of such conflicts that influence a global balance of forces, and, I think, not the last one.”

Addressing the ongoing crisis in Ukraine, which has dragged Russia-West relations to their lowest point since the Cold War, Mr Putin admitted that Russia had helped former Ukrainian President Viktor Yanukovich to flee in February.

“I will say it openly - he asked to be driven away to Russia. Which we did,” Putin said.

Mr Putin went on to accuse Western powers of supporting the overthrow of pro-Russian Mr Yanukovych, and claimed leaders had dismissed Russia’s legitimate interests in its neighbour.

In response to Russia's annexation of Crimea in March and its support for pro-Russian insurgents fighting government troops in eastern Ukraine, the US and EU have imposed several rounds of crippling sanctions against Moscow.

But Mr Putin claimed that Moscow would not "beg" in response to the sanctions imposed on it.
Mr Putin also argued that the interests of Russia and other nations need to be taken into account to stabilise the global situation.

“Russia is not demanding some special, exclusive place in the world.
“While respecting interests of others, we simply want our interests to be taken into account too, and our position to be respected,” he said.

http://www.independent.co.uk/news/world ... 16775.html

A_Gupta · Post by **A_Gupta** » 25 Oct 2014 06:34

^^^ A couple of days ago, the NYT had an OpEd by Yan Lianke, winner of some western literary prize, about the darkness in China, the collective anxiety there. Today they have Pankaj Mishra.

My tweet

@nytimes @nytimesworld @nytindia Dear NYT, I reject your attempts to promote Pankaj Mishra as interpreter of India and Yan Lianke for China.

My Lianke letter is at 22 recommends

What is the evidence, the manifestation of this alleged Chinese collective sense of anxiety?

We from India are painfully aware of the "native informant" who wins support and accolades in the West by telling them what they want to hear. In this case a West made apprehensive by China's rise in economic and military power. This author seems no different. Sounding all the right chords here to help the West retain its feeling of superiority and the illusions of its ideology. The author may indeed be revealing a truth, but as another non-Western person, I remain suspicious of the Western literary prize racket. This column does not satisfy or convince.

My chief Mishra letter (there are a few) is at 99 recommends:

Some fifteen years ago, Pankaj Mishra wrote in the New Yorker that the Indian government was behind the Chattisinghpora massacre; supposedly orchestrated by Indian secret services to make Pakistan look bad during President Clinton's visit to India.

Pankaj Mishra had nothing to substantiate that claim, but let's grant him the freedom to hypothesize. But fast forward almost decade, the Pakistani-American David Headley (a.k.a. Daood Gilani) is in FBI custody for his role in the Mumbai terror attack of 2008, as an agent of the Lashkar-e-Taiba (LeT) Headley confirms that it was the LeT that was behind the massacre. I haven't seen despite looking quite hard any correction or apology from Pankaj Mishra for his allegations. So I do not grant his commentaries on India any validity.

anmol · Post by **anmol** » 25 Oct 2014 07:04

kish wrote:Confused, is this jared cohen guy a google employee or state department official? or is it both?

He is an 'alleged' expert on Middle east, central asia, south asia & south east asia. And has connections all around. Wikileaks Julian assange reveals a lot about this guy.

Quoting the part relevant about India. Wonder how all shady characters have influence in Bollywood?

Looking for something more concrete, I began to search in WikiLeaks’ archive for information on Cohen. State Department cables released as part of Cablegate reveal that Cohen had been in Afghanistan in 2009, trying to convince the four major Afghan mobile phone companies to move their antennas onto U.S. military bases. In Lebanon, he quietly worked to establish an intellectual and clerical rival to Hezbollah, the “Higher Shia League.” And in London he offered Bollywood movie executives funds to insert anti-extremist content into their films, and promised to connect them to related networks in Hollywood.
assange-google-not-what-it-seems

Google search & his twitter account @jaredcohen TL suggests, this guy has "worked" everywhere. From Libiya to Iran to Cuba etc

Hope Indian intelligence is aware of his activities.

Used to work for SD (under both Rice & Clinton).

See this: http://forums.bharat-rakshak.com/viewto ... d#p1519722

SSridhar · Post by **SSridhar** » 25 Oct 2014 07:10

kish wrote:He is an 'alleged' expert on Middle east, central asia, south asia & south east asia. And has connections all around. Wikileaks Julian assange reveals a lot about this guy.

No, that is Stephen Cohen. This guy has listed his expertise as “terrorism; radicalization; impact of connection technologies on 21st century statecraft; Iran.”

SSridhar · Post by **SSridhar** » 25 Oct 2014 07:18

The limitations of diplomatic immunity - Narayan Lakshman, The Hindu

A federal court in New York has signalled its intention to take forward a lawsuit filed in the U.S. against Indian Prime Minister Narendra Modi by issuing an order on October 21 calling on the plaintiffs to explain why Mr. Modi was not immune from prosecution for allegedly presiding over the 2002 anti-Muslim pogrom that took place in Gujarat.

U.S. Judge Analisa Torres asked the American Justice Center (AJC), a non-profit human rights organisation, to respond to a “suggestion of immunity,” submitted to the Federal District Court for the Southern District of New York on October 19 by U.S. Attorney Preet Bharara. Mr. Bharara was prompted to do so by a September 30 letter from the State Department, which argued that “a prompt dismissal of the proceedings,” could have “significant policy implications.”

The lawsuit against Mr. Modi filed by the AJC argues that under the Alien Tort statutes the plaintiffs including “Asif,” “Jane Doe,” and multiple “John Doe’s,” said to be victims of the communal violence in Gujarat, were entitled to compensatory, punitive and exemplary damages and a declaration that Mr. Modi’s alleged conduct “amounted to ‘Genocide’” according to court documents.

Last month, even as Mr. Modi was attending numerous meetings with business and community leaders in New York City and then a summit meeting with U.S. President Barack Obama, the District Court issued a summons against the Prime Minister to answer the charges made against him.

Despite the AJC offering $10,000 for the serving of the summons to Mr. Modi, this step was apparently not achieved while the Prime Minister was in the U.S., and at that time Ministry of External Affairs spokesperson Syed Akbaruddin told The Hindu that the Indian leader was “ring-fenced.”

Senior U.S. administration officials were quick to clarify that the summons could not be delivered to him while he was in the U.S. and he was immune from prosecution at this time because “as a general legal principle, sitting heads of government enjoy immunity from suits in American courts. Sitting heads of government also enjoy personal inviolability while in the U.S., which means they cannot be personally handed or delivered papers… to begin the process of a lawsuit.”

The service of the summons, however, may depend on whether the U.S. court has subject-matter jurisdiction for the complaint, and it is possible that if the alleged violations of certain laws took place at a time before the defendant in the case became a head of government, then the defendant may neither be personally inviolable nor immune.

Notably, the State Department letter on the “suggestion of immunity” for Mr. Modi does not comment on the merits of the case against the Prime Minister, and only emphasises his immunity from prosecution under U.S. common law principles and customary international law, that too only “while in office.”

The AJC has since argued that Mr. Bharara’s filing was “not binding on the court, [as] the human rights violations committed by Mr. Modi before becoming Prime Minister and as Chief Minister of Gujarat are not immune.” AJC legal adviser Gurpatwant Singh Pannun added that the federal court therefore had jurisdiction to hold Mr. Modi accountable under the Alien Tort Claims Act and Torture Victims Protection Act.

A question that may be critical to the unravelling of the legal web around the immunity issue is the U.S. government’s view on whether immunity enjoyed at the present time by a foreign dignitary is retroactive, or applies to past acts as well, when that dignitary was not a head of government.

An earlier diplomatic row

In the past, the U.S. State Department has already spelt out its view on this matter in another high-profile case of a legal dispute concerning India — the criminal charges filed against Devyani Khobragade, former Indian Deputy Consul General who was arrested on the streets of New York last December and strip-searched in custody, sparking off a massive diplomatic row between the two countries. In that case, days after Ms Khobragade’s arrest, Department spokesperson Marie Harf said that in the event that the senior Indian diplomat was successfully reassigned to the United Nations and thus given full diplomatic immunity from prosecution, such immunity would only apply to her from the day on which she was officially confirmed to her new post and not retroactively.

“Generally speaking, if there’s a change in immunity… because of a different diplomatic status that immunity would start on the date it’s conferred,” Ms. Harf said on the record at the time.

Yet if that is in fact what U.S. law dictates, or that is what the current administration’s position is, then it may find little room for manoeuvre to argue for personal inviolability and immunity from subsequent prosecution for Mr. Modi for a complaint based on acts that he was said to have committed more than a decade before he became India’s Prime Minister.

The plaintiffs in the case appear not to be unaware of this point, and this week Mr. Pannun said, “The selective and arbitrary approach of the U.S. Department of Justice on the issue of immunity to foreign leaders will be the key factor in challenging the immunity to PM Modi.”

member_28108 · Post by **member_28108** » 25 Oct 2014 07:39

TKiran wrote:Prasannasinha sir, you are giving him benefit of doubt to that scumbag PB, you remember he lost the case in DK affair for arguing that DK did not have immunity at the time of her arraignment. He is hypocrite and sexist, and he hasn't been punished for his crime. Please dont forgive him for his role in DK affair by saying that he follows only his advisor's advice. He proactively participated in La'affaire Khobragade.

Oh I think you misunderstood me. What I am saying is that what he says means nothing. He is now twisting things now around as legalese but knows it won't get him anywhere..

pankajs · Post by **pankajs** » 25 Oct 2014 14:07

Well ... its back i.e sub-prime lending ..

The Economist ‏@EconBizFin 4h4 hours ago

The FHFA has announced plans to reintroduce mortgages with deposits as low as 3% through Fannie Mae and Freddie Mac http://econ.st/1wmZ5JD

WHEN politicians bashed Wall Street for its reckless mortgage lending in the wake of the subprime crisis, bankers retorted that it was the politicians’ enthusiasm for expanding home ownership, even if it meant small deposits and low credit standards, that had really fomented the disaster. Yet that enthusiasm is undimmed: in a speech on October 20th Mel Watt, head of the Federal Housing Finance Authority (FHFA), announced plans to reintroduce mortgages with deposits as low as 3% through Fannie Mae and Freddie Mac, the two government-backed housing giants it regulates.

Both Fannie and Freddie were bailed out during the financial crisis. There was much talk in Congress of winding them down; in the meantime, they tightened loan requirements to limit the risk to taxpayers. But that changed when Barack Obama appointed Mr Watt, a congressman from North Carolina and long-term evangelist for home ownership.

Philip · Post by **Philip** » 25 Oct 2014 15:43

The poisoners at work! If there is nothing harmful about GM crops why are they sh*t scared of a label informing the public that the product contains GM whatever? It is a legitimate demand which should be automatic,especially as India is the dumping grpounds for GM crops and foodstuff that might contain GM poisons.

http://www.theguardian.com/environment/ ... gon-ballot
Pro-GM labelling campaign hugely outspent in Colorado and Oregon ballot
Industry giants are spending more than $25m to defeat campaigns for mandatory GM food labelling in the two states, in the runup to next month’s vote

Suzanne Goldenberg

the guardian.com, Friday 24 October 2014
A grocery store employee wipes down a soup bar with a display informing customers of organic, GMO-free oils, in Boulder, Colorado, Oct. 23, 2014.
A grocery store employee wipes down a soup bar with a display informing customers of organic, ‘GMO-free’ oils, in Boulder, Colorado. With ballot measures going to a vote in November, Colorado and Oregon could become the first states to adopt mandatory GM labels through public votes. Photograph: Brennan Linsley/AP

Biotech and supermarket giants are spending more than $25m (£15.6m) to defeat ballot initiatives in two western states that would require labelling of foods containing genetically modified organisms.

In Colorado, Dupont and Monsanto food companies are outspending supporters of mandatory labelling by 22-1 ahead of the 4 November vote, according to state campaign finance records.

In Oregon, meanwhile, industry is outspending supporters of the ballot measure by about 2-1.

The heavy industry spending resembles the last-minute infusions of cash for television ads, direct mail, and campaign staff that helped defeat earlier campaigns for mandatory GM labelling in California and Washington state.

“It is like David vs Goliath,” Larry Cooper, director of Colorado’s Right to Know campaign said.

He said the pro-labelling campaign had raised $625,000 by Thursday afternoon. Cooper’s opponents, meanwhile, amassed $14m, after Dupont this week gave an additional $3m to the campaign, and were advertising heavily on local television.

“Why they put $14m in Colorado to keep us in the dark really doesn’t make sense to me,” Cooper said. “The bottom line is that we really don’t know what is in our food. We are shopping blindly.”

Monsanto alone has spent $4.7m to defeat the measure. Other top donors to the campaign to defeat pro-labelling Proposition 105 read like a grocery shopping list. They include: Pepsico, Kraft Foods, General Mills, Hershey Company, Coca-Cola and Kellogg, and Flower Food, according to Colorado state campaign finance records.

The spending is much less lopsided in Oregon where opponents of the state’s Measure 92 labelling initiative have raised $11m while supporters have $6m.

Monsanto is a major force in both states. “We oppose state-by-state mandatory labelling laws like Measure 92 in Oregon and Proposition 105 in Colorado,” a company spokeswoman said in an email. “The reason we don’t support them is simple. They don’t provide any safety or nutrition information and these measures will hurt, not help, consumers, taxpayers and businesses.”

Unlike Colorado, labelling advocates in Oregon have attracted some big donors to their side, including $1m from Dr Bronners’ magic soaps.

An heir to the Hormel meat-packing fortune. Thomas Hormel, who has no connection to the company and lives in Florida, gave $500,000, according to state campaign finance records.

The company immediately ramped up its own donations, giving a total of $85,000 to defeat the labelling initiative.

Kevin Glenn, a spokesman for Oregon Right to Know, said the pro-labelling side hoped to counter the financial advantage by grassroots organising. He said the campaign had opened five field offices in the state, and was about to start canvassing door-to-door.

Organisers also had a bit of a head start. In May, voters in two rural counties voted to ban cultivation of GM crops, on the grounds that it put conventional produce at risk of contamination.

Last year, a number of countries postponed wheat imports from Oregon after an outbreak of GM wheat from an experimental research station. Investigators have yet to discover the source of the GM outbreak, which occurred years after the tests were shut down.

Scientists generally agree that foods containing GM ingredients are safe to eat, but the “right to know” has emerged as a hugely emotional issue for some Americans.

Pro-labelling campaigners say the public has a right to know exactly what they are eating. Opponents say labels make no sense if there are no real health concerns, and risks stigmatising their products.

Vermont earlier this year became the first US state to adopt mandatory labelling of GM foods – although the law does not go into effect until 2016.

Maine and Connecticut have also passed GM labelling laws, but put them on hold.

pankajs · Post by **pankajs** » 25 Oct 2014 15:45

Do we import much food stuff? Onions, pulses and palm oil immediately come to mind.

GMO in food crop is on hold for the present IIRC.

TKiran · Post by **TKiran** » 25 Oct 2014 17:47

prasannasimha wrote:
TKiran wrote:Prasannasinha sir, you are giving him benefit of doubt to that scumbag PB, you remember he lost the case in DK affair for arguing that DK did not have immunity at the time of her arraignment. He is hypocrite and sexist, and he hasn't been punished for his crime. Please dont forgive him for his role in DK affair by saying that he follows only his advisor's advice. He proactively participated in La'affaire Khobragade.
Oh I think you misunderstood me. What I am saying is that what he says means nothing. He is now twisting things now around as legalese but knows it won't get him anywhere..

Sorry sir, I misunderstood you. More than anything else I want to see him punished while he's still in his position of power. Dharmic way of punishment would be that he stews in his own juices but we would never know what punishment he got. Looking at his arrogance now makes our blood boil. Is there any way of forcing him to take that punishment like for example he would also be subjected to cavity search for the crimes he did not commit ? Somethingng that order only brings justice a'la American Justice.

CRamS · Post by **CRamS** » 25 Oct 2014 18:41

A_GuptaJi,

Good response, and I read several other comments too from readers' picks.

One reader asks a good question, and let me ask you the same. Is it NYT that asked PM to write some crap about India, or is PM who requested NYT to publish his hate? If its the latter, does NYT use any judgement, editorial standards, cross checking, exaggeration meter etc? If they did so with very little scrutiny, it tells you their mindset. Bloody arse-holes.

BTW: I exchanged a brief note with the erudite RajivJi whom he trashed. RajivJi said PM's article is being discussed on his egroup and twitter. Do you have a link to his egroup, I am not a twitterite (except doing some sentiment analysis as part of a machine learning course I took on Coursera

).

Man, I have all his previous books, and I going to get his latest: "Indra's Net" & "History of Yoga" DVD as part of my holiday reading list. To quote Subramanyam SwamiJi, I would rate RajivJi as one India's pre-eminent post independence intellectuals.

anmol · Post by **anmol** » 25 Oct 2014 18:45

This new diplomatic immunity case makes it clear that Modi Ji told Obama "I will wait two years..."

Where does the US stand with India?

By Nicholas Burns | GLOBE COLUMNIST OCTOBER 24, 2014

On America’s 21st-century global chessboard, few countries are as important to our long-term fortunes as India. That is why the recent visit of the new Indian prime minister, Narendra Modi, to Washington and New York was so much anticipated.

Modi had been barred from the United States for nearly a decade over allegations he did not act decisively to stop savage revenge killings of Muslims in 2002 when he was chief minister of the state of Gujarat. All that seems forgotten now that he is prime minister. Indeed, Modi spoke before 20,000 admiring Indian-Americans in New York’s Madison Square Garden at an event that had all the hallmarks of a political rally.

Continue reading below

But, curiously, Modi said very little publicly about what is normally the centerpiece of a foreign leader’s visit to the United States — what he wants his own government to achieve in trade, security ties, and political cooperation with the US government. His public remarks seemed transported from his recent electoral campaign in India and were remarkably thin on the traditional subject of India’s diplomatic ties to the United States itself. Apart from a joint op-ed published with President Obama, he focused almost exclusively on the need to jump-start India’s sluggish economy, make India into a manufacturing titan, and rebuild the country’s sagging infrastructure. It is certainly understandable why Modi chose to emphasize business and economics. That is his central mandate as India’s new leader. But in offering so little about his priorities with the Obama administration, he missed an opportunity to signal how he intends to put his own imprint on the government-to-government relationship that is so important to both countries.

This was not an insignificant omission. From Washington’s perspective, India is one of its key potential global partners on nearly all of the most significant issues for the next decade. India’s increasingly powerful naval and air forces can join with those of other like-minded democracies to check Chinese expansion in the Indian Ocean and the South China Sea. India will be an influential force for stability in Afghanistan as NATO begins to draw down its military presence. India shares some of America’s core concerns about the terrorist threat from radical Islamist forces based in Pakistan. And New Delhi will be central to whether or not a global agreement on climate change is reached in 2015. For these reasons and more, India is a core priority partner for the United States.

It is thus important that Modi move in the coming months to define in more concrete terms just how closely aligned he will be with America’s strategic aims in South and East Asia as his predecessors, former Prime Ministers Manmohan Singh and Atal Bihari Vajpayee, clearly were. Here are just a few, key questions Americans should want to hear Modi answer in the months ahead. Is he willing to retire India’s antique allegiance to nonalignment and reorient its future to a closer relationship with Washington on homeland security, counter terrorism, and military cooperation? Will he work more closely with the United States than the previous Congress-led government on some of the tough problems of the Middle East — Iran and the struggle against ISIS and a recalcitrant Syrian government? Will New Delhi continue to be a spoiler on global trade?

President Obama has more than two years left in his term to strengthen America’s position in Asia — one of his central priorities. His administration has signaled clearly that it wants to strengthen ties with New Delhi. The ball is now in India’s court to make clear where America stands in Modi’s long-term foreign policy calculations. Few priorities are as important for both countries.

A_Gupta · Post by **A_Gupta** » 25 Oct 2014 19:00

Nicholas Burns wants an Indian poodle to supplement the British one.

A_Gupta · Post by **A_Gupta** » 25 Oct 2014 19:05

CRamS, Rajiv Malhotra's yahoo group:
https://groups.yahoo.com/neo/groups/Raj ... ssion/info
I think you'll have to ask for membership.

PS: More on the WU thread.

pankajs · Post by **pankajs** » 25 Oct 2014 19:15

Obama has only 2 years to cement his legacy while Modi has 10-15 years still. Seems to me Obama needs to speed up his offer and come through on some critical tech. transfer. Modi can just afford to wait for the next admin or look outside the US.

Modi is not going to give in ~~an inch~~ much without getting something substantial in return. His stand at WTO is a clear indicator of his position going forward. The decision on Spike, assuming it was either or between spike and javaline, too is a signal.

Seems to me the US is getting impatient but that is not going to help with Modi. Now that his victory lap in US is over he can afford never to go to the US again. Infact, if the present case is not dismissed he can point to it and say sorry lets meet in Delhi whenever any dialog requires his presence.

vishvak · Post by **vishvak** » 25 Oct 2014 19:28

USA shenanigans about human rights in other countries - especially the biggest democracy India - and litigations against diplomats, politician most probably won't add positively to Indo-US relationship. In fact, USA won't like it if India doesn't take kindly to meddling within India and actually take hard steps to stem interference completely.

JwalaMukhi · Post by **JwalaMukhi** » 25 Oct 2014 20:24

Meanwhile, the ~~white~~ "pink" guys can never be wrong even if they run a plantation. No Preet Brar or otherwise conducting cavity searches. Pink guys always "find" things, while the "black" ~~guys~~ thugs would always rip off things as during Katrina. Pink guys always "overlook" have "unintentional" way of doing things.
Just as that doctor who unintentionally rode subway and played in the bowling alley even though he was high risk guy with ebola. Meanwhile, if it was black or other colored people, the press and general pinks would gang up to tar and lampoon the entire race of people.
http://www.latimes.com/business/technol ... story.html

Eight workers from India were paid as little as $1.21 an hour by a tech company in Fremont, Calif., over several months in late 2013, according to the U.S. Department of Labor, as reported by the Associated Press.

As a result the company, Electronics for Imaging, which specializes in printing technology, agreed to pay $43,000 in back wages and government penalties. Electronics for Imaging, or EFI, said in a prepared statement that it “unintentionally overlooked” U.S. labor law and has "taken steps to ensure that this type of administrative error does not reoccur."