India-US Relations : News and Discussion

A_Gupta · Post by **A_Gupta** » 26 Sep 2014 16:12

Shreeman wrote:
A_Gupta wrote:^^^ Money-making - because India won't dignify the court summons with a response, summary judgement in favor of the plaintiff will be made; and then they will try to collect the money by harassing Indian govt. employees.
No. A summary judgment is not automatic. This case only wants attention. It would have to be a truly dhimmy court to grant a summary judgment here.

The summons by the court says that summary judgment will be granted if the defendant doesnt' respond.

A_Gupta · Post by **A_Gupta** » 26 Sep 2014 16:15

UlanBatori · Post by **UlanBatori** » 26 Sep 2014 16:32

The buggers are getting free publicity, and their aim is to get the court to agree with their claims of Genocide etc.

I think this is the UC Berkeley Haas gang behind it. Indians need to learn from this. A spate of lawsuits citing this precedent should be filed on behalf of Hindus in East Bengal, and Kashmir, esp. POK, naming every Paki general, politician, etc. Also, on behalf of Hindus in Goa against the Church. On behalf of humans against the Naxals.

Also, in India against Pleet Bhalala and gang, and all the villains in the schoolgirl case in NY.

At minimum, stop their jaunts to the US and India. Until the whole 1789 law gets trashed.

SSridhar · Post by **SSridhar** » 26 Sep 2014 16:53

This summons thing calls for reciprocity just as it did in the Khobragade case. This nonsense of summoning Indian leaders to American courts for incidents in India have been going on for some time now. We have to put a fullstop to this practice now.

merlin · Post by **merlin** » 26 Sep 2014 17:16

SSridhar wrote:This summons thing calls for reciprocity just as it did in the Khobragade case. This nonsense of summoning Indian leaders to American courts for incidents in India have been going on for some time now. We have to put a fullstop to this practice now.

Who do you expect will put an end to this practice? The same Modi who did nothing in the Khobragade case?

chetak · Post by **chetak** » 26 Sep 2014 17:33

merlin wrote:
SSridhar wrote:This summons thing calls for reciprocity just as it did in the Khobragade case. This nonsense of summoning Indian leaders to American courts for incidents in India have been going on for some time now. We have to put a fullstop to this practice now.
Who do you expect will put an end to this practice? The same Modi who did nothing in the Khobragade case?

No, Sirjee. we need to lick the amreki backsides much better, give their glorious diplomutts more and more privileges so that we can all officially see how much better white skin is to our own.

Which corrupted, bloody, retarded moron in the MEA gave them such rights in India to bypass airport security, import what ever they wanted, start clubs, restaurants and expensive schools and free security by blocking off Indian roads, at the Indian taxpayers cost, when not a single such facility will ever be accorded to an Indian diplomat in the US.

They are not satisfied, we need to lick much better. NaMo was not involved in the khobragade case, it was all the termite queen and her slimy retainers and anyway it had all quietened down by the time he came to 7RCR.

pankajs · Post by **pankajs** » 26 Sep 2014 17:59

I think we need to chill.

1. None of us on the forum can do a thing, at least I can't.
2. Modi is an official US guest even if it is a working visit and not a state visit.
3. There are some days to the court action.
4. Trust Modi to find a way to use this to his advantage. If his record on such things is any indication, he will use this as a weapon against his opponents. If it had to happen, good that it happened before he gets down to business i.e he signs any agreement on Defense sales/JV, WTO, etc.
5. Seriously, GOTUS will brand him a <whatever> and expect him to do business. He will make it problem for the GOTUS.
6. Even if by some mischance the nonsense is not stopped by the GOTUS before/after he returns back (21 days to respond) expect him to hit back. I would not expect a frontal attack but maybe the first step will be to pass a similar legislation in the parliament invoking Devyani's insult, a dalit (This will bring even most pro-US party to the table).
7. There are many folks in the US who are war criminals having sanctioned genocides in foreign land. Naming and shaming can be two way business.

Mayhaps someone in the US establishment or GOTU is testing his nerves or a Paki/Chinki joint effort to derail his visit. I think if he makes it a GOTUS problem to solve that should bring about the desired result.

Oh .. On Devyani's case there is already a SC/ST atrocities act that can be invoked on folks inside the US embassy and outside. Then there is the recent law on rape that can be invoked on US embassy folks as facilitators while naming the US marshals as the perpetrators.

rgsrini · Post by **rgsrini** » 26 Sep 2014 18:15

^^IMO, this summons actually makes Modi's situation stronger. It allows him to take a hard line if needed (and blame it on the US). It forces the GOTUS to be apologetic, to grovel and explain this nonsense, due to its absurdity. I don't think the Uncle Toms of the US will have the courage to even refer to this case in public, especially after they have seen the anti-US frenzy in India after Khobragade incident.

It is actually comical to see how the US manages to screw itself repeatedly, w.r.t India, where most of the population are/were positively disposed towards the US. Great to see the snakes that US bred for use against India, especially Hinduism, is coming back to bite the US in its butt. Deal with it US of A!

But I do agree, that India should ensure reciprocity, to put them on notice.

SwamyG · Post by **SwamyG** » 26 Sep 2014 18:15

I saw 10-15 of Arnab's show....I am not sure if it is live or deferred with Arnab ad BDutt telecasting from New York. The Indians are invading America.

Wow, Arnab really dishing it out, and asking tough questions to American experts. Wow, never thought I would see such things. He called bluff on their sincerity and integrity. He handled ~~three~~ four Americans experts and repeatedly called American duplicity.

I suspect this might have had sanction from GoI.

I just hope these were shown to the American audience. I am sure these experts were never asked such questions by the media - openly.

SwamyG · Post by **SwamyG** » 26 Sep 2014 18:18

Now Maroof joins Arnab and strips the ~~three~~ four American experts. One of them is an 'Ambassador'. Wow. The Ambassador keeps disagreeing, respectfully, with Arnab and Maroof on Pakistan.

CRamS · Post by **CRamS** » 26 Sep 2014 18:18

Guys, I don't know if Bruce Riedel's latest comments on the eve of ModiJi's visit have been posted, but here they are (its about TSP targeting Indian embassy in Herat, Afghanistan during ModuJi's inauguration)

http://www.rediff.com/news/report/how-l ... 140926.htm

If you look past the used car salesman talk about India-US cooperation, what strikes me is how much US can use TSP as a lever against India:

[quote]

'Imagine in the alternative world if on the eve of the inauguration of the new prime minister, Indian diplomats were being systematically murdered by a bunch of terrorists in Afghanistan."

"It would have changed the entire dynamic of the situation," Riedel said. "It certainly would have provoked a very interesting conflict between India and Pakistan on the eve of this important event." (So TSP brazenly attacking India and provoking a crisis is "interesting" from US PoV, not an adulterated act of evil that should trigger the kind sanctions and international ostracization reserved for ISIS, Iran, NK etc. ).

As to what the US and India could do about this together in fighting this scourge of terrorism, Riedel noted, "Here again, the good news is that a lot has been done -- intelligence cooperation, security cooperation between the US and India have been transformed in the last six years. If you look at what we did normally before November 2008, and what we do normally today, it is a sea change in activity."

"Just to give you one example, the very first place that President Obama's first Director of Central Intelligence Leon Panetta went on a foreign trip was India. That was done deliberately and that was done to send a signal not only to India, but also as a signal to the ISI." (Once again, nothing about US largese to TSP, just some dog bone thrown to India about intelligence sharing. And we know Uncle's motives on that one)

Sumeet · Post by **Sumeet** » 26 Sep 2014 18:19

Watch here Chaubey from IBN making a fool of himself on streets of New York. He goes around asking people if they recognize picture of Narendra Modi. He runs into an Aussie couple who tell him that the wife is big fan of Sachin Tendulkar.

http://ibnlive.in.com/cnnibnvideos/top-in/501940.html

Gus · Post by **Gus** » 26 Sep 2014 18:24

heheh...lookee here..somebody who just lurves modi..

needs to be posted in full as we have a new competitor on who lurves modi the most.

http://theweek.com/article/index/268782 ... endra-modi

It's odd for a political leader to take a victory lap in a foreign country. But that's exactly what Indian Prime Minister Narendra Modi, the Hindu nationalist who was elected in a landslide four months ago, will do while visiting the U.S. in a few days. He'll kick things off with a big rally on Sunday, when 20,000 Indian Americans will fete him at Madison Square Garden while thousands more (who couldn't get tickets for the sold-out event) watch the festivities on giant screens in Times Square.

Modi is officially here for the U.N. General Assembly meeting. But that's not what this is all about. From the Indian prime minister's perspective, the main purpose of this American extravaganza is surely to thumb his nose at the U.S. political establishment that placed a travel ban on him in 2005, after he presided over a pogrom of Muslims in the state of Gujarat when he was the chief minister. (whaaaaat...not even the cursory "alleged" thrown in???)The Obama administration has been working to normalize relations with Modi — as it must and should — now that he is the duly elected leader of the world's most populous democracy. As such, the White House has singled him out for a dinner with the president (although Modi has declared that he won't eat anything because he's observing a nine-day religious fast, a flamboyant display of his fabled austerity). aaawww

Modi seems to have the autocrat's instinct to be the star attraction. His gaudy displays — literally unprecedented for visiting leaders — are not merely unbecoming. They are also deeply disturbing, because they highlight Modi's need for self aggrandizement. That does not bode well for the massive economic decentralization — the hands-off approach — that he himself touted as essential for offering a decent standard of living to all Indians.

Maybe he'll learn to keep a lid on this tendency as he grows in office. Right now, however, it seems to pervade his economic decisions, making even many of his cheerleaders nervous about his ability to lead India's socialist, centrally planned economy to a free market one. He has pushed symbolic measures — such as scrapping the 64-year-old Planning Commission, offering grades, headmaster-like, to the council of ministers, and ordering government staff to maintain full hours — but ducked anything resembling transformative reforms.

Indeed, there are plenty of areas where sound policy seems to have taken a backseat to Modi's need for control and ego-inflating. Here are four.

1. Trade. For a leader who came to office with a mandate to focus on domestic issues, Modi has spent an inordinate amount of time tending to foreign affairs. Besides America, he has already traveled to neighboring Nepal and Bhutan, led a delegation of handpicked Indian business tycoons to Japan, and hosted the Chinese President Xi Jenping. Modi insists this is necessary commercial diplomacy to open India to investment and trade.

Those are laudable goals. But they'd be far better served if he hadn't scuttled a major trade agreement with the World Trade Organization. The deal required all member nations to simultaneously harmonize their tariff structures and other trade barriers so that no country's food imports would face a competitive disadvantage in another's market.

But Modi refused to go along. Why? Because it would have required him to suspend India's food security program under which the Indian government buys produce from farmers at exorbitant prices and then sells it to poor people at subsidized rates. This hasn't helped farmers who, uncoupled from price signals, haven't adjusted their crop mix to shifting demand; or the poor, whose share corrupt bureaucrats routinely skim; or consumers, who face higher prices; or the national budget.
(faux concern for poor - TICK )
What was particularly dismaying is that the WTO deal should have been an easy political call for Modi given that the previous administration — no ardent friend of free trade– had already done the tough work of inking it. The only plausible explanation why Modi walked away is to keep farmers dependent on his handouts, precisely the kind of populism that he blamed for India's economic backwardness.

2. Food. Just before Modi departed for America, he inaugurated the first of many new "food parks" that the Ministry of Food Processing (yes, such a thing still exists in India!) at great expense. The idea is to avoid losses from food spoilage that farmers incur while carting their produce to urban centers on India's horrible roadways. The food parks, scattered all over rural India, will house giant storage facilities and private food processing factories that will buy produce from farmers directly.

Such efforts are testimony that Modi is not ready to live up to his admonition that the "government has no business being in business." Modi would help farmers far more by allowing foreign retailers such as Walmart into the Indian market. This plan, that Modi previously rejected, would have cost Indian taxpayers nothing, and their capital and expertise would have modernized India's supply chains.

3. Banking. Modi rose to fame — and office — by beating up on schemes that offered poor people handouts rather than opportunities. But his recent injunction to government banks to help make bank accounts universally available — with $85 of overdraft protection — is reminiscent of the heyday of socialism in the late 1960s. Then, Prime Minister Indira Gandhi nationalized India's banking sector to bring more Indians within the fold of financial system. (wait what....nevermind)

Modi's puny dispensation won't uplift the poor. What they need is access to cheap credit to invest in businesses, education, and homes, which only a competitive banking industry can offer. This would require wholesale deregulation so that licenses for domestic private banks are not restricted and foreign banks are not scared away by oppressive regulations. Yet Modi has moved not an inch in that direction.

4. Manufacturing. While in America, Modi will push his much-hyped "Make in India" initiative to move India's industrial base from service to manufacturing and create jobs for the 10 million youth who join the workforce annually. He will assure companies that they will encounter a "red carpet not red tape" and "single window assistance" in acquiring land and licenses for new factories. But this window will be operated under the aegis of the prime minister's office, whose economic agenda will determine winners and losers. Modi has already identified 25 sectors that he wants to prioritize. This might speed up some chosen projects, but won't end India's patronage economy.

Many commentators, including The Economist, have expressed bewilderment at the curious mix of bold and timid in Modi's economic plans. But all the boldness is in the direction of consolidating his power and the timidity in giving it up.

His fans should save their adulation till he shows real signs that he isn't planning to run the Indian economy like his personal fiefdom — but then such a man wouldn't court their adulation, would he? (yeah...whatever...eat your heart out )

Shikha Dalmia is a senior policy analyst at Reason Foundation, a nonprofit think tank advancing free minds and free markets, and a weekly columnist here at The Week. She is also a Bloomberg View contributor and writes regularly for Reason, The Wall Street Journal, USA Today, and numerous other publications. She considers herself to be a progressive libertarian and an agnostic with Buddhist longings and a Sufi soul.

sufi soul eh..

Hitesh · Post by **Hitesh** » 26 Sep 2014 18:26

India needs to immediately pass a law that will punish anybody for filing frivolous lawsuits against Indian state actors and anybody who dares to enforce the frivolous judgments against Indian leaders and Indian state actors with heavy fines and jail time if needed be to show a strong message. We need to include charges of conspiracy to commit fraud or any other criminal acts.

That means we need to go after any supporters of these stupid yahoos and target them financially and legally anywhere in the world. Demonstrate the power and long reach of India.

CRamS · Post by **CRamS** » 26 Sep 2014 18:31

Guys, a little too much hype by DDM on ModiJi's visit for my taste

. The sad part is that US, by and large could give a rat's behind. That said, I hope some serious business takes place behind the hype. DocJi doesn't like me saying this, but US is a supreme super power, and no matter how much gripe we have with US policy, kissing up to US, as ModiJi is doing is in India's interests.

saip · Post by **saip** » 26 Sep 2014 18:34

Hitesh wrote:India needs to immediately pass a law that will punish anybody for filing frivolous lawsuits against Indian state actors and anybody who dares to enforce the frivolous judgments against Indian leaders and Indian state actors with heavy fines and jail time if needed be to show a strong message. We need to include charges of conspiracy to commit fraud or any other criminal acts.

That means we need to go after any supporters of these stupid yahoos and target them financially and legally anywhere in the world. Demonstrate the power and long reach of India.

There is a law in India for filing 'frivolous and vexatious' suits, if I remember correctly.

saip · Post by **saip** » 26 Sep 2014 18:35

Procedure for Serving federal summons:

(A) delivering a copy of the summons and of the complaint to the individual personally;

(B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or

(C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process.

Link

SwamyG · Post by **SwamyG** » 26 Sep 2014 18:40

Maroof tells the Ambassador UK and France do not matter as P5 in Security Council, they only matter because of American muscle. He talks about quota system in security council

He terms UK and France as "has been powers". Did these experts get paid to suffer this?

CRamS · Post by **CRamS** » 26 Sep 2014 18:41

SwamyG wrote:Now Maroof joins Arnab and strips the ~~three~~ four American experts. One of them is an 'Ambassador'. Wow. The Ambassador keeps disagreeing, respectfully, with Arnab and Maroof on Pakistan.

Great question by Maroof. He asked more that US largese, it is the isolation of TSPA that will count for a lot more, and hurt TSPA's image in the eyes of average Abdul. All the diplomats just did arm waving to this.

As I watch now, both Arnab and Maroof are begging for seat in UNSC. I hate this.

pankajs · Post by **pankajs** » 26 Sep 2014 18:42

Gus wrote:heheh...lookee here..somebody who just lurves modi..

needs to be posted in full as we have a new competitor on who lurves modi the most.

http://theweek.com/article/index/268782 ... endra-modi
[*quote]It's odd for a political leader to take a victory lap in a foreign country. But that's exactly what Indian Prime Minister Narendra Modi, the Hindu nationalist who was elected in a landslide four months ago, will do while visiting the U.S. in a few days. He'll kick things off with a big rally on Sunday, when 20,000 Indian Americans will fete him at Madison Square Garden while thousands more (who couldn't get tickets for the sold-out event) watch the festivities on giant screens in Times Square.

Modi is officially here for the U.N. General Assembly meeting. But that's not what this is all about. From the Indian prime minister's perspective, the main purpose of this American extravaganza is surely to thumb his nose at the U.S. political establishment that placed a travel ban on him in 2005
....

Just to read it in widely read mag/website .. gives me so much solace. If it has caused so much heart burn to an Indian what will it do to "My name is B Hussian O" and his ilks. Mind it the emphasis is solely his. What will it do to the folks in the House of Representative who had passed a resolution against Modi ji to see their leaders make time out to meet him.

Perhaps it is this bunch of fellows, out to have one last swipe at Modi ji, who are the source of the latest mischief. And at a time when the GOTUS had thought the visa ban was behind and was glad for it. Now his treatment at the hands of the American will be front and center and no tip-toeing around it.

SwamyG · Post by **SwamyG** » 26 Sep 2014 18:46

As part of the Asvamedha, the horse is led through various regions. This is done after a King is anointed, especially after a war and conquest of territories.

JE Menon · Post by **JE Menon** » 26 Sep 2014 19:10

For some unknown reason, Sven Smalgand is very active these days - maybe his friend Bjorn Biglund is taking a break... Here is his comment on the Week article by Shikha Dalmia:
______________________
Good lord, what a transparent article. It reeks of personal bias, superficial knowledge hiding fundamental ignorance, and crass pretention which, one supposes, must be par for the course for an author who has the sort of narcissistic self-importance to label herself as "agnostic with Buddhist longings and a sufi soul"... should have added "and a Starbucks loyalty card". Spare us this tripe, please. I never read The Week, but an Indian friend directed me here. You should rename it The Weak. Tiresome whining.

CRamS · Post by **CRamS** » 26 Sep 2014 19:27

JE MenonJi, just as one must smell a rat when US invokes phrases such as "international community", "global this or that", so also, when some Indian elite expat, especially Hindu or Muslim invokes love of Buddhism, its a dead give away that they are either Uncle Tom mouthpieces or self-loathing SDREs but US liberals wanting to get some acceptance.

RajeshA · Post by **RajeshA** » 26 Sep 2014 19:45

USA has played hand-maiden to British designs to continue Anglo-Colonialism of the world. PM Narendra Modi is going to USA to talk some sense into the brainwashed apprentice of Britain and to try to integrate USA into the international community of peace-loving and cooperating nations, perhaps nudge State Dept to break its slavish shackles which only serve British interests, these days otherwise called Atlantic interests.

American Foreign Policy has become enslaved by British and through British by Islamic interests on the one hand, and by Chinese interests on the other.

The good people of America have to suffer the bad Karma of their enslaved political leaders.

Perhaps for the sake of Americans and World Peace, Indian PM Shri Narendra Modi can talk some sense into so-called American "leaders", who have long stopped serving Americans and have become beholden only to foreign freedom-hating interests.

PM Narendra Modi has a diplomatic mandate bigger than all Western "democratic" leaders put together. PM Narendra Modi is the leader of the Free World. British stooge USA deserves better than what its "leaders" deliver.

svinayak · Post by **svinayak** » 26 Sep 2014 19:50

http://www.niticentral.com/2014/09/25/n ... 39258.html
Narendra Modi’s American Fan on his US Visit

Bryon Morrigan

Bryon Morrigan is a lawyer living in Florida. In addition to his law degree, he also holds a master’s degree in Ancient History, and also formerly served in the US Army as a military intelligence analyst. His novels ‘Acheron’ and ‘The Desert’ are available at most online booksellers.

Shreeman · Post by **Shreeman** » 26 Sep 2014 19:52

A_Gupta wrote:
Shreeman wrote:"A_Gupta"^^^ Money-making - because India won't dignify the court summons with a response, summary judgement in favor of the plaintiff will be made; and then they will try to collect the money by harassing Indian govt. employees.

No. A summary judgment is not automatic. This case only wants attention. It would have to be a truly dhimmy court to grant a summary judgment here.
The summons by the court says that summary judgment will be granted if the defendant doesnt' respond.

The language/draft of the summons (kind of like a debt collector's call) is prepared by the plaintiff's lawyer along with the complaint:

http://www.uscourts.gov/FederalCourts/U ... Cases.aspx

http://www.americanbar.org/groups/publi ... trial.html

even a jurisdictional decision has not been made by this time. The legal professions is mostly glorified extortion, so you will not find a reasonable explanation of the process. The language of the summons doesn't mean the court will grant a summary judgment. Its contents are just as true as the allegations in the complaint. As I said before, save your sanity and read only the governmand releases on what transpires during the visit.

The media reports are only good for compiling Berkeley/Haas tentacles/web.

edit -- any established institution in america (read deep pockets) treats the civil process like a joke. IF you (the individual) pass all the hurdles, THEN the judges themselves will tell you to settle ( "you will never have more leverage than right now" -- a judge before the trial.). If you don't want to go after money, the civil process has nothing for you. I can provide factual evidence. But IANAL.

Shreeman · Post by **Shreeman** » 26 Sep 2014 20:05

ABC wrote: The legal case will be an annoyance to Modi but is unlikely to have a significant impact on his visit.

Milan Vaishnav, an associate on South Asia at the Carnegie Endowment for International Peace, said from his understanding it's a "pro forma" summons, and there's no judge's ruling of prima facie evidence on complicity in the Gujarat violence.

http://abcnews.go.com/US/wireStory/ny-s ... ePage=true

Views of people claiming to be lawyers. First you invite a head of State, next you abuse him the day he arrives. #JustAmericanThings

Frederic · Post by **Frederic** » 26 Sep 2014 20:10

This whole summons business has been orchestrated by the brilliant tactical minds at the Foggy Bottom, period.

The irrational hatred and the contempt of SD for Indians, especially elected officials, diplomats etc has been in full display for several years now.

Meera Shakar "invasive" search at the airport, frisking of Kalaam saab, the custodial rape of Devyani to name a few.

Anyone who thinks that the Foggy Bottom warriors are not front and centre in this latest sordid clumsiness, come on folks. The justice dept is hand in gloves with the SD on this. Always has been , always will be when it comes to matters SDRE. Pleet Bhalaala anyone?

This is a yorker from the Foggy Bottom geniuses to put NaMo on backfoot. Perhaps the Modisan Square Gardens gala event rankled them a bit too much! By humiliating our PM like this ( humiliation it is, sugarcoat it however much you will), the SD warriors are trying to force Modi to be on the defensive. Pure psyops tactic even before he lands on US soil.

So the muslim "Jane Doe" mom and his son miraculously appear in NY just in time for NM's arrival. A case is conveniently filed (probably some Khalistani sicko is involved in this too.) And who arranged the visas for the mom and son? Repeat of Sangeeta Richard's family drama?

I am sure between the brilliant Foggy Bottom warriors and their able "grave digging" accomplices in Gujrat, India, this tactical brilliance of a plan was hatched and executed.

BTW, I had a feeling that some mischief is afoot. My hunch proved to be, alas, true. Since the cretins like Teesta, Javed Anand, John Dayal et al have been decisively silenced in India this May, they are now running to their "baap", the Great Khan to throw mud on NaMo.

My gut feel is:

*NaMo's physical security cordon will be breached. His Indian security officers will be shunted out or impaired from doing their duty.

*Summons will be served on his person and a great hoopla will be made out of this.

Nothing might yet come out of this legally. But imagine the optics.

This is the Khanate showing our "Aukaat" again folks.

CRamS · Post by **CRamS** » 26 Sep 2014 20:10

If Arnab's show is any indication, I have not seen any Indian govt put forth its dalliance with TSP to India's detriment so aggressively. More contours of Modi's TSP policy will become clear after Badmaash's speech at UN and how India responds. My gut feeling will be that it won't be usual tit for tat hot air. He may ignore TSP causing H&D damage to TSP, and heartburn to US.

A_Gupta · Post by **A_Gupta** » 26 Sep 2014 20:17

Shreeman wrote: edit -- any established institution in america (read deep pockets) treats the civil process like a joke. IF you (the individual) pass all the hurdles, THEN the judges themselves will tell you to settle ( "you will never have more leverage than right now" -- a judge before the trial.). If you don't want to go after money, the civil process has nothing for you. I can provide factual evidence. But IANAL.

The point I was making simply was the plaintiffs' gamble is that India would not dignify these court proceedings with a response; in which case default judgment is made in favor of the plaintiffs. There is plenty of factual evidence for how civil cases are decided if one side does not show up. Like it or not, some lawyer has to make a response on behalf of the Prime Minister now, or else appeal the awarded damages later.

Yes, if someone answers the summons on behalf of the PM, then the plaintiffs don't stand a chance.

A_Gupta · Post by **A_Gupta** » 26 Sep 2014 20:18

Congo is speaking right now. The line up is:
Congo
His Excellency Denis Sassou Nguesso, President
Togo
His Excellency Faure Essozimna Gnassingbé, President
Iraq
His Excellency Mohammed Fuad Masum, President
State of Palestine
His Excellency Mahmoud Abbas, President
Bosnia and Herzegovina
His Excellency Nebojša Radmanović, Member of the Presidency
Samoa
His Excellency Tuilaepa Sailele Malielegaoi, Prime Minister
Luxembourg
His Excellency Xavier Bettel, Prime Minister
Pakistan
His Highness Muhammad Nawaz Sharif, Prime Minister

Shreeman · Post by **Shreeman** » 26 Sep 2014 20:18

Frederic wrote:This whole summons business has been orchestrated by the brilliant tactical minds at the Foggy Bottom, period.

The irrational hatred and the contempt of SD for Indians, especially elected officials, diplomats etc has been in full display for several years now.

Meera Shakar "invasive" search at the airport, frisking of Kalaam saab, the custodial rape of Devyani to name a few.

Anyone who thinks that the Foggy Bottom warriors are not front and centre in this latest sordid clumsiness, come on folks. The justice dept is hand in gloves with the SD on this. Always has been , always will be when it comes to matters SDRE. Pleet Bhalaala anyone?

This is a yorker from the Foggy Bottom geniuses to put NaMo on backfoot. Perhaps the Modisan Square Gardens gala event rankled them a bit too much! By humiliating our PM like this ( humiliation it is, sugarcoat it however much you will), the SD warriors are trying to force Modi to be on the defensive. Pure psyops tactic even before he lands on US soil.

So the muslim "Jane Doe" mom and his son miraculously appear in NY just in time for NM's arrival. A case is conveniently filed (probably some Khalistani sicko is involved in this too.) And who arranged the visas for the mom and son? Repeat of Sangeeta Richard's family drama?

I am sure between the brilliant Foggy Bottom warriors and their able "grave digging" accomplices in Gujrat, India, this tactical brilliance of a plan was hatched and executed.

BTW, I had a feeling that some mischief is afoot. My hunch proved to be, alas, true. Since the cretins like Teesta, Javed Anand, John Dayal et al have been decisively silenced in India this May, they are now running to their "baap", the Great Khan to throw mud on NaMo.

My gut feel is:

*NaMo's physical security cordon will be breached. His Indian security officers will be shunted out or impaired from doing their duty.

*Summons will be served on his person and a great hoopla will be made out of this.

Nothing might yet come out of this legally. But imagine the optics.

This is the Khanate showing our "Aukaat" again folks.

Calm down, people. Any leegally aware idiot (like me) or lawyer will tell you this is an annoyance. The courts in India didnt prevent filing of a case, nor will the US courts. Ignore it and go about your business. Service of a summons is not what you see in the movies. Nor is India resourceless. Even responding to these posts is feeling silly. You do know MMS and Sonia Gandhi (and god knows who else) also have these "cases" filed against them?

Shreeman · Post by **Shreeman** » 26 Sep 2014 20:21

A_Gupta wrote:
Shreeman wrote: edit -- any established institution in america (read deep pockets) treats the civil process like a joke. IF you (the individual) pass all the hurdles, THEN the judges themselves will tell you to settle ( "you will never have more leverage than right now" -- a judge before the trial.). If you don't want to go after money, the civil process has nothing for you. I can provide factual evidence. But IANAL.
The point I was making simply was the plaintiffs' gamble is that India would not dignify these court proceedings with a response; in which case default judgment is made in favor of the plaintiffs. There is plenty of factual evidence for how civil cases are decided if one side does not show up. Like it or not, some lawyer has to make a response on behalf of the Prime Minister now, or else appeal the awarded damages later.

Yes, if someone answers the summons on behalf of the PM, then the plaintiffs don't stand a chance.

In that case, MMS would have set that precedent. And yet he hasnt. Or if he has, then the new PM is doing nothing different. There is nothing here except seekung of media attention. Dont pay attention to this, and it will be automatically worthless.

Prem · Post by **Prem** » 26 Sep 2014 20:56

UlanBatori wrote:The buggers are getting free publicity, and their aim is to get the court to agree with their claims of Genocide etc.
I think this is the UC Berkeley Haas gang behind it. Indians need to learn from this. A spate of lawsuits citing this precedent should be filed on behalf of Hindus in East Bengal, and Kashmir, esp. POK, naming every Paki general, politician, etc. Also, on behalf of Hindus in Goa against the Church. On behalf of humans against the Naxals. lso, in India against Pleet Bhalala and gang, and all the villains in the schoolgirl case in NY. At minimum, stop their jaunts to the US and India. Until the whole 1789 law gets trashed.

Exactly this was recommended when foregin policyexpert KC singh was Tweeping on this issue as some kind moral set back. No one stopping NAMO brigade to file criminal cases against all the suspects of Haas,Baas & Gaas and have arrest warrant issued for their next 7 generations. They all can be charged with supporting and accessory to the crime of genocide, terrorism etc.

Surya · Post by **Surya** » 26 Sep 2014 21:15

has any summons been issued to any chinese head for every type of human rights violation? if not then it tells you the duplicity involved

the only way is a reciprocal summons to US big shots
the US needs to understand this garbage has to stop - play it with some gaddafi and assorted tinpots

A_Gupta · Post by **A_Gupta** » 26 Sep 2014 21:17

A_Gupta wrote:Congo is speaking right now. The line up is:
Congo
His Excellency Denis Sassou Nguesso, President
Togo
His Excellency Faure Essozimna Gnassingbé, President
Iraq
His Excellency Mohammed Fuad Masum, President
State of Palestine
His Excellency Mahmoud Abbas, President
Bosnia and Herzegovina
His Excellency Nebojša Radmanović, Member of the Presidency
Samoa
His Excellency Tuilaepa Sailele Malielegaoi, Prime Minister
Luxembourg
His Excellency Xavier Bettel, Prime Minister
Pakistan
His Highness Muhammad Nawaz Sharif, Prime Minister

I'm surprised no one has commented on His Highness amidst so many His Excellencies.
http://www.un.org/en/ga/69/meetings/gadebate/

CRamS · Post by **CRamS** » 26 Sep 2014 21:22

A_GuptaJi,

When does Indian PM Modi go? For equal equal, will it be soon after Badmaash?

pankajs · Post by **pankajs** » 26 Sep 2014 21:26

http://www.ndtv.com/article/india/india ... odi-598491

India Slams US Case Which Seeks to Summon PM Narendra Modi

As he arrives for his first trip to the United States in over a decade, a US court has given Prime Minister Narendra Modi 21 days to answer allegations that he failed to stop the communal riots in Gujarat in 2002.

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.

"This case is a frivolous and malicious attempt to distract attention from the visit of the Prime Minister to the United States General Assembly and a bilateral summit with the president of the United States," said a spokesperson for the Foreign Affairs Ministry

The petitioner in the case is the American Justice Center, a non-profit human rights organisation, acting on behalf of two survivors of the 2002 riots in Gujarat. Mr Modi was serving his first term as Chief Minister of his home state when the riots erupted. More than 1,000 people were killed, most of them Muslims.

The civil case before a New York court seeks compensatory and punitive damages from Mr Modi for "crimes against humanity" and extrajudicial killings under the Alien Tort Claims Act and the Torture Victim Protection Act.

After years of being unwelcome in the United States, Mr Modi arrives for a five-day visit on Friday in New York, where he will speak at the United Nations before heading to Washington for talks with President Barack Obama.

Mr Modi, 64, was denied a US visa in 2005 under the terms of a 1998 US law that bars entry to foreigners who have committed "particularly severe violations of religious freedom".

Critics accuse Mr Modi, who was chief minister of Gujarat from 2001 until this year, of doing too little to stop the riots. He has always denied any wrongdoing and was exonerated in a Supreme Court inquiry in 2012.

An analyst said the US case was unlikely to have much impact.

"The evidence against him is based on conjecture as the courts in India have found. This case won't make much difference," said Satish Misra, a political analyst at the Observer Research Foundation in New Delhi.

Mr Modi is not the first leader to be sued in a US court.

A rights group called Sikhs for Justice had filed a case against Congress president Sonia Gandhi, alleging that she played a role in the 1984 anti-Sikh riots. That case was also filed in Federal Court of Southern District of New York. The group also filed a similar case against former Prime Minister Manmohan Singh.

While it does not matter for now US has to come clean on this else Modi should initiate a similar action in India.

pankajs · Post by **pankajs** » 26 Sep 2014 21:30

Ok another report with more details

http://timesofindia.indiatimes.com/indi ... 551588.cms

US plays down court summons to Modi, India calls charges 'frivolous'

"We are aware from press reports of the lawsuit that was filed against Prime Minister Modi on Thursday 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.

shiv · Post by **shiv** » 26 Sep 2014 21:55

A_Gupta wrote:Congo is speaking right now. The line up is:
Congo
His Excellency Denis Sassou Nguesso, President
Togo
His Excellency Faure Essozimna Gnassingbé, President
Iraq
His Excellency Mohammed Fuad Masum, President
State of Palestine
His Excellency Mahmoud Abbas, President
Bosnia and Herzegovina
His Excellency Nebojša Radmanović, Member of the Presidency
Samoa
His Excellency Tuilaepa Sailele Malielegaoi, Prime Minister
Luxembourg
His Excellency Xavier Bettel, Prime Minister
Pakistan
His Highness Muhammad Nawaz Sharif, Prime Minister

Everyone is an "excellency", but Sharif, from Pakistan, the land of hashish and heroin has to be a "highness"