Indian government dismisses US lawsuit against PM as 'frivolous'

Indian Prime Minister Narendra Modi's high-profile trip to the United States will not be affected by a U.S. civil lawsuit over anti-Muslim riots in a state he once led, India and the United States said on Friday.

The lawsuit against Modi stems from long-standing allegations that he didn't do enough to stop devastating religious riots in his home state of Gujarat in 2002, when he served as chief minister there. One thousands people, most of them Muslims, died in a wave of reprisal attacks across Gujarat after a train carrying Hindu pilgrims was set on fire. 

A newly formed human rights group, the American Justice Center, filed the suit Thursday in Manhattan federal court on behalf of two unnamed survivors of the violence. It is offering $10,000 to anyone who can serve the summons on Modi.

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 U.N. general assembly.

A senior U.S. official said the lawsuit should not affect Modi's visit and pointed out that heads of government enjoyed immunity from U.S. legal suits. 

"I don't think there is any fear of the two governments being distracted," the U.S. official told a conference call with journalists. 

Nevertheless the lawsuit, which seeks compensatory and punitive damages from Modi for crimes against humanity and extrajudicial killings, was a sharp reminder that until recently, Modi was denied a U.S. visa in 2005 under the terms of a 1998 U.S. law that bars entry to foreigners who have committed "particularly severe violations of religious freedom."

"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. 

Modi arrived on Friday in New York, where he will speak at the United Nations before heading to Washington for talks with Obama. 

The first meeting between the two leaders follows Modi's landslide general election victory in May. Compared with other foreign powers, Washington was slow to warm to Modi, with its ambassador to India only meeting him in February when opinion polls put the Hindu nationalist leader on course to win. 

Wire services