Modi in Canada: AG blocks Sikh group’s attempt to prosecute him

The summons to Modi were issued after the rights group, Sikhs for Justice (SFJ), filed a lawsuit in the Canadian court seeking prosecution of the Indian leader on charges of alleged torture and human rights violations during the 2002 riots in Gujarat, when he was Chief Minister of the State.

Representing SFJ, Toronto-based human rights lawyer Marlys Edwardh and her associate Louis Century called on Justice Minister and Attorney General Peter MacKay to charge Modi in the case but the summons were immediately blocked by MacKay.

The hearing was held in Ontario Court of Justice, coinciding with Modi’s visit to the country.

SFJ said Canadian Criminal Code allows for the prosecution of public officials who commit acts of torture abroad if they are later present in Canada.

After a seven-hour hearing to determine whether there was sufficient evidence to issue process; the Justice of the Peace had decided that there was a prima facie case against Modi but the blocking of the summons ensured that the prosecution against him will not go ahead.

SFJ legal advsior Gurpatwant Singh Pannun said Modi “escaped trial” on charges of torture under Canadian law only because of the Attorney General’s last-minute intervention.

Rights group American Justice Center President Joseph Whittington said that the summons issued by the Ontario Court of Justice, although blocked by the Attorney General, is a “recognition of the voluminous evidence available to initiate prosecution” of Modi.

“Had the summons been allowed to be served, we strongly believe the case would have ultimately served justice to those who have been denied justice since the pogroms of 2002,” Whittington added.