Amber G. wrote:Kashiji and others - I think you are needlessly upset. This is how the courts in US and India works. It is their way to put ultimate insult to the plaintiff.
The Judge is simply dismissing the case outright.... "It is outside his/her jurisdiction" she actually says right in the beginning of her ruling.. . (simply because if nothing else the immunity is SUFFICIENT to through the case out).
This is the biggest insult, the judge can through to the scums who pulled the stunt.
Actually the judge would have become laughing stalk in India if she even tried to find "the basis" etc..she has NO jurisdiction, case closed.
I am not upset, far from it. I find the hilarious stupidity of the entire process quite amusing in fact.
This is what the report says
U.S. District Judge Analisa Torres upheld the U.S. Department of State's determination that Modi is entitled to immunity as a sitting head of government from civil lawsuits filed in U.S. courts.
That's a key distinction. The case was dismissed not because it was baseless or without merit as per the "learned" judge. It was dismissed because US DoS determined that as the Head of State, Modi was immune from US legal process.
They did not say that this was beyond US jurisdiction since it concerned a sovereign country, where US laws DO NOT supersede local laws and the legal system of that sovereign nation had acquitted Modi of all charges and as such there was no prima facie case against Modi in the first place.
What's left unsaid but very much implied is
a. US laws have jurisdiction worldwide and US govt. and courts do not care about the outcomes of legal proceedings anywhere else if it differs from their interpretations and views.
b. In the view of the US govt. agencies and the legal system, there are sufficient grounds to prosecute Narendra Modi in US of A, never mind if they have been found baseless and of no legal standing in India.
c. If in future Narendra Modi no longer enjoys diplomatic immunity as a head of state and should he visit USofA (dependent on getting a visa), the legal system is free to prosecute him as per their interpretation of events that happened elsewhere.
d. Should Narendra Modi not visit USofA in absence of diplomatic immunity as the head of state, US courts and "justice" system may even call for his extradition on these "charges"
Now if any one wants to teach those scums ( "human rights lawyers") bring a massive law suit in US (for defamation, if nothing else).. or in India .. (I am sure one can find some law broken). I hope it happens. (For example what prevents Indians to bring a criminal case(s) over some of these stunts,,as discussed before by Ulanbatori and others)
Nothing stops anyone from doing so and that's a topic for another discussion. Perhaps you could take the lead and file a few cases yourself.