Skip to main content

Now criminal case in Australia against Modi for Gujarat "genocide", coinciding with visit for G-20 summit

By Our Representative
The American Justice Center (AJC), the New York-based organization which moved an American court against Prime Minister Narendra Modi ahead of his visit to the US for his “complicity” in Gujarat communal riots, has now "announced" that it has filed of a “criminal complaint” in Australia against visiting Modi for his role in “aiding, abetting and inciting” organized attacks against the minorities of Gujarat before and during the “horrific genocide” of 2002. “The lawsuit is being brought under the aegis of AJC, by Asif Vahora, a survivor of the 2002 massacres, in which over 2,000 people were killed and over 150,000 displaced”, a AJC statement said.
The complaint, which also refers to the destruction of “20,000 Muslim homes and businesses and 360 places of worship”, has been lodged under Australia’s The Criminal Code Act 1995 which provides Australian courts jurisdiction over cases involving crimes against humanity worldwide (Id. §§ 268.117(1) & 15.4). Justifying the prosecution of Modi in Australian Courts, the complaint states that “Modi’s actions during February-March 2002 violate sections 268.3,4,5,8 & 9 of Australia’s Criminal Code Act of 1995.”
The complaint, lodged with Robert Bromwich SC, Director Commonwealth Public Prosecutions, Australia, charges Modi with “crimes against humanity and genocide resulting in the killing of more than 2,000 Muslims and displacement of several hundred thousand.” Joseph Whittington, Jr, President of AJC, and also the 2nd Ward Alderman of Harvey, Illinois, has been quoted as saying, “Our relentless pursuit of justice has now taken us to the Australian shores, where Mr. Modi will have to account for his criminal misdeeds in Gujarat.”
AJC statement says, “Modi’s rise to power comes in the backdrop of increasing persecution of religious minorities in India. In August this year, India’s Christian population, numbering about 24 million, marked the sixth anniversary of horrific anti-Christian massacres in the state of Odisha, considered the worst anti-Christian pogrom of the 21st century.”
It adds, “Prominent watch-dog group International Christian Concern, reported an alarming rise in the attacks on rural churches in recent months. In May 2014, several villages in the Indian state of Chhattisgarh passed local ordinances banning all non-Hindu religious activities, in effect banning Christianity. Vatican Radio, the Holy See’s official news outlet, reported on the possibility of Christians being ‘purged’, from villages across three states.”
The statement says, “AJC spearheaded an Alien Tort case against Modi during his visit to the United States in September. Following the AJC complaint, a US federal court issued a summons against the visiting PM. The case is currently under review by the US Federal Court. As in the Tort case brought against Modi in the US, AJC is providing legal support and advice to the survivors in their effort to hold Modi accountable for the loss of lives and property that was caused by his complicity in the Gujarat massacres.”
“Under Australia’s criminal code, mere presence of the accused foreigner in Australia is a sufficient basis for jurisdiction over acts of genocide and crimes against humanity committed abroad,” Gurpatwant Singh Pannun, legal advisor to AJC, has been quoted as saying. “Thus it adopts a mode of jurisdiction equivalent to universal jurisdiction.”
Calling the Gujarat genocide of 2002 as “one of the worst episodes of sectarian violence in independent India”, AJC says, it was marked with “horrific crimes against humanity, including the rape of several hundred women.” It adds, “Many of the victims were subsequently burned alive. Although the Special Investigation Team (SIT) investigating the mass violence did not prosecute Modi, an amicus curiae appointed by the Supreme Court had recommended Modi’s prosecution. A case filed by Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Modi in the Gujarat High Court.”

Comments

TRENDING

Arrest of Fr Stan Swamy: UN makes public letter seeking explanation from Govt of India

Counterview Desk In a letter to the Government of India (GoI), three senior United Nations (UN) officials – Elina Steinerte, vice-chair of the Working Group on Arbitrary Detention; Mary Lawlor, special rapporteur on the situation of human rights defenders; and Fernand de Varennes, special rapporteur on minority issues – have said that the arrest of veteran activist Father Stan Swamy in October 2020 marks “the escalation of harassment the human rights defender has been subjected to since 2018.”

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Farm laws 'precursor' to free trade deal envisaged by US corporates to allow GMO

By Rajiv Shah Did the Government of India come up with the three farm laws, first rushed by promulgating ordinances in June 2020, to not just open the country’s agricultural sector to the corporate sector but also as a precursor to comply with the requirements of the United States for a Free Trade Agreement (FTA), as envisaged by the outgoing US president Donald Trump?

Modi govt 'implementing' IMF-envisaged corporate takeover of Indian agriculture

By Bhabani Shankar Nayak* The surge of wealth of Indian billionaires and the Modi-led BJP government’s onslaught on poor, marginalised and farmers continue to grow simultaneously as masses face annihilating pandemic of coronavirus. There is 90 % rise of Indian billionaire’s wealth over last one decade. It is not accidental.

A new fad in India, coding-for-toddlers culture needs to be 'nipped' in the bud

By Aditya Pandey* We are all aware of the dire consequences of subjecting young kids to intense academic pressure from an early age. In India, we have coaching institutes like FIITJEE and Resonance offering programmes for 6th standard kids to prepare them for “NTSE, IJSO, PRMO and other Olympiads”. The duration of these programmes is around 175 hours – hours that could've been spent playing games and making friends instead.

Differing from Ambedkar, Kancha Ilaiah holds a 'different' theory of caste system

By Banavath Aravind* I was introduced to Kancha Ilaiah’s work when I was about 20 years old. He was then in the midst of a controversy for a chapter in his book "Post-Hindu India: A Discourse in Dalit-Bahujan, Socio-Spiritual and Scientific Revolution", which termed the Baniya community as social smugglers. During many of his debates, I had come to notice his undeterred fighting spirit in trying to bring up certain fundamental social issues that were hitherto undiscussed. I eventually came across some of his works and started reading them silently. I’m deliberately stressing upon the word ‘silently’ here, as this was the kind of silence particularly associated with sensitive social issues like caste, religion, etc. But, as I write this essay, I feel silences on sensitive issues should be broken. Ilaiah opened up an entirely new debate that had the vigour and strength to counter the systemic Brahmanism. His methods of research were also novel in terms of going back to the roo

New trend? Riots 'expanded' to new rural areas post-2002 Gujarat carnage: Report

A VHP poster declaring a Gujarat village part of Hindu Rashtra  By Rajiv Shah  Buniyaad, a Gujarat-based civil society organization, engaged in monitoring of communal violence in the state, in a new report, “Peaceful Gujarat: An Illusion or Truth?” has said that a “new trend” has come about in communal violence in the state, where the parts of Gujarat which didn't see communal riots in 2002 are experiencing “regular bouts” of communal violence.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

More than 5,200 Gujarat schools to be closed down, merged, says govt document

RTE Forum, Gujarat, releasing fact-sheet on education By Our Representative A Gujarat government document has revealed that it is planning to close down 5,223 schools in the name of school merger. The document, dated July 20, 201 was released by the Right to Education (RTE) Forum, Gujarat. It shows that the worst-affected districts because of this merger are those which are populated by marginalized communities – especially tribals, Dalits and minorities, said RTE Forum’s Gujarat convener Mujahid Nafees.

Consumption pattern, not economic shock behind 'poor' child health indicators

By Neeraj Kumar, Arup Mitra* The findings of the latest round of National Family Health Survey (NFHS-5) conducted in 2019-20 covering 22 States/UTs under Phase-I  present a somewhat disappointing picture of children’s health in India. Majority of the experts, based on prima facie evidence, just highlighted the deteriorating sign of child health in terms of increase in proportion of stunted and underweight children in most of the phase-I states/UTs over last two rounds of NFHS (2015-16 to 2019-20).