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Case to be filed against Modi in London

By Hasan Suroor

LONDON AUG. 19. A case seeking prosecution of the Gujarat Chief Minister, Narendra Modi, for alleged torture is expected to be filed in a London magistrate's court tomorrow on behalf of the relatives of two British citizens who were killed by a mob in last year's communal violence in the State.

Human rights activist Suresh Grover, who is behind the legal campaign, said the case would be filed under the Criminal Justice Act U.K., which gives the British courts jurisdiction over cases of torture irrespective of where the act was committed or who actually committed it. The former Chilean President, Augusto Pinochet, was tried under the same Act in Britain a few years ago.

The case would be built around the complaint of Bilal Dawood, a British citizen, whose brother Fareed and cousin Shakil were attacked by a mob and killed while they were visiting Gujarat. The car in which they were travelling was stopped and set on fire while they were inside. "All we want is a proper investigation to get justice for what happened to them," Mr. Dawood said.

Legal sources said the "challenge" for the petitioner would be to establish that the mob that killed the two was working with the consent or acquiescence of Mr. Modi or his officials. Though they would not be required to prove that Mr. Modi personally took part in the torture, the chain of command leading back to him would have to be established. "It could be a long shot trying to establish that," one legal expert on international law said.

Even if the case is admitted, the consent of the Attorney-General would be needed to proceed with it.

There was much confusion today after it was claimed that a case had already been filed in the morning. But Mr. Grover told The Hindu: "We will be filing it tomorrow before the Bow Street Magistrate's court."

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