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HATS OFF TO SFJ http://timesofindia.indiatimes.com/city/chandigarh/Rights-group-seeks-Modis-prosecution-for-Gujarat-carnage-during-his-visit-to-Canada-submits-Memorandum-of-Law-to-Canadian-AG/articleshow/46860868.cms Rights group seeks Modi's prosecution for Gujarat carnage during his visit to Canada, submits Memorandum of Law to Canadian AG The 16 page Memorandum of Law, submitted to the Canadian AG Peter Mackay, has argued that the Canadian law provides for the prosecution of individuals who commit acts of official torture outside of Canada where, after the commission thereof, they are present in Canada and st ate immunity does not prevent Canadian authorities from charging and trying Modi for torture, and in the group's view, genocide as well . Filed with the, the complaint alleges that in February-March 2002, Modi aided, abetted and counselled in relation to the massacre of thousands of Muslims in the state of Gujarat, while he was the chief minister. Drafted by lawyers Marlys Edwardh and Louis Century on behalf of SFJ sets out the factual and legal basis for charges against Modi. The complainant urges the Attorney General to bring charges, or to consent to charges being brought, against Modi for aiding, abetting and counselling torture in violation of section 269.1 of the Criminal Code. The MoL also urges the Attorney General to bring charges against Modi for counselling genocide in violation of section 6 of the War Crimes and Crimes Against Humanity Actwhich also provides for extra territorial jurisdiction. Edwardh said, "a senior member of the Indian bar, appointed by the Supreme Court of India as amicus curiae to investigate Modi's role in the violence, concluded that there were sufficient grounds on which to proceed. Translated into Canadian law, there are reasonable and probable grounds to believe that Modi engaged in these crimes. This is sufficient to call for his arrest so that he can stand his trial. Only by taking this step will Canada's commitment to ending impunity for torture and genocide be realized." It also argues that Supreme Court of Canada had earlier confirmed that the prohibition against torture is a peremptory norm of international law and that it is non-derogable by any state. Canada's criminal law grants universal jurisdiction over official torture when the person who committed the acts of torture is present in Canada. "Since Modi continues to enjoy impunity in India we are invoking the Canadian law to hold him accountable for gross human rights violations. Unlike India, Canada does not let violence against religious minorities go unpunished," said SFJ legal advisor Gurpatwant Singh Pannun. It may be mentioned here that SFJ has already announced opposition to Modi's visit to Kanishka Memorial Site on April 15 stating that it would be an blatant attempt to plant in the minds of Canadians that all Sikhs are extremists or terrorists. "We will always mourn for the victims of the Air India bombings, which included Muslim, Hindu, Christian and Sikh families," said Jatinder Singh Grewal, SFJ's Director of International Policy, adding, "we object to the memorial being turned into a political circus".