A few months back we read in newspapers that a US court has summoned Sonia Gandhi in case filed by Sikhs for Justice (SFJ) in which she is accused of protecting those who were involved in killings of Sikhs in 1984.
Today I came across another news item: “The Washington federal court had issued summons against Manmohan Singh during his September 2013 visit to Washington on a plea by Sikhs For Justice (SFJ) accusing him of “funding crimes against humanity perpetrated upon the Sikh community in India”.
This is a matter of national sovereignty; therefore the issue of what one thinks of Sonia Gandhi and Man Mohan Singh is irrelevant.
The question which comes to my mind is: under what international law can US court summon such warrants? Or is it under some US law? If the later, do US laws have jurisdiction over Indian territory? Is it interference in internal matters of India?
Supposing it is legal under some international law or under some US law, then can an Indian court admit a plea against Obama and issue summons to him?
The kind of ground on which Sonia Gandhi and Manmohan Singh are summoned are aplenty against Obama. Actually I have a better grounds. Consider this:
1. This is well known that USA gives huge grants to Pakistan, in terms of money and arms.
2. US grants definitely require approval from US President.
3. Part of this grant is certainly used by Pakistani military and ISI.
4. ISI of Pakistan trained the terrorists who attacked Mumbai on 26/11/2008.
Therefore, Obama is responsible for Mumbai attacks.
Can I file a case against Obama in this matter in a Bangalore or Jaipur court?
Can someone please share authentic legal information on these questions?
I fully agree with your argument, however what surprises me and I believe should surprise every Indian citizen, is that why there is no reaction on such incident? Are we too busy in our local politics and can afford to ignore such case?
“Are we too busy in our local politics and can afford to ignore such case?” Yes, we are busy in our own politics but we cannot afford it external interference in it. The so-called secular political parties and intellectuals were too happy when US denied visa to Modi and advanced it as a proof of their stand on Gujarat riots. Actually they looked like school children who had seen their adversary admonished by their favourate teacher. Now, when the same teacher started creating occasions to admonish the most powerful political leader of the country and the Prime Minister (both supposed to be secular) they did not know what to say; as they had already accepted the interference (by giving right to pass judgement against a constitutionally elected CM) of the teacher in the internal matters of the nation. When the political leaders of a nation lose their own independent judgment and start falling back on external powers they have no face to take a stand. Now, I have written all the above assuming that US courts have no legal basis to issue summons to Indians for their behaviour in India, and in no way connected with US citizens. If this assumption is wrong, then one has to think again. That is why I am looking for opinion of some legal expert.