The summons against Modi were issued yesterday by the US Federal Court for the Southern District of New York on a civil lawsuit filed by the New York-based American Justice Center (AJC), a non-profit human rights organisation, along with two survivors of the post-Godhra violence.
The court said that Modi has to respond to the summons within 21 days after it is served on him. The Prime Minister is due to leave for home on September 30 from Washington after he concludes his five-day US visit.
Seeking compensatory and punitive damages, the 28-page complaint charges Modi with committing crimes against humanity, extra-judicial killings, torture and inflicting mental and physical trauma on the victims, mostly from the Muslim community.
"The Tort Case against Prime Minister Modi is an unequivocal message to human rights abusers everywhere," said John Bradley, director at the AJC.
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"Time and place and the trappings of power will not be an impediment to justice," he said.
The Alien Tort Claims Act, also known as Alien Tort Statute (ATS), is a US federal law first adopted in 1789 that gives the federal courts jurisdiction to hear lawsuits filed by US residents for acts committed in violation of international law outside the US.
"We will examine it. I don't know it. I am only hearing it from you. We will examine it," Prasad told reporters in New Delhi.
During his five-day visit, Modi is due to address the annual UN General Assembly and the Indian-American community at Madison Square Garden in New York before travelling to Washington to meet President Barack Obama on September 29 and 30.
Groups known for their anti-India activities have planned a series of demonstrations against Modi in both New York and Washington.