Indian Prime Minister Narendra Modi's high-profile trip to the United States will not be affected by a US civil lawsuit over anti-Muslim riots in a state he once led, India and the United States said on Friday. Modi and the Indian government could seek to have the suit dismissed and it could take a judge months to decide, but its timing - the lawsuit was filed on Thursday as Modi flew to the United States - could not be more awkward.
The Indian government dismissed the legal action as a "frivolous and malicious attempt to distract attention" from Modi's visit, which will include a meeting with President Barack Obama and an address to the UN general assembly. A senior US official said the lawsuit should not affect Modi's visit and pointed out that heads of government enjoyed immunity from US legal suits.
"I don't think there is any fear of the two governments being distracted," the US official told a conference call with journalists. Nevertheless the lawsuit was a sharp reminder that until recently, Modi was not welcome in the United States because of the 2002 riots, in which 1,000 people, most of them Muslims, died in a wave of reprisal attacks across Gujarat after a train carrying Hindu pilgrims was set on fire.
The lawsuit was filed in New York federal court on Thursday by the American Justice Center, a non-profit human rights organisation, acting on behalf of two survivors of the riots. It seeks compensatory and punitive damages from Modi for crimes against humanity and extrajudicial killings. Modi has 21 days to respond. "There is evidence to support the conclusion that minister Modi committed both acts of intentional and malicious direction to authorities in India to kill and maim innocent persons of the Muslim faith," the complaint said.
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