NPA declines to arrest and prosecute Indian prime minister

The National Prosecuting Authority (NPA) has declined a request from the Muslim Lawyers Association (MLA) to arrest and prosecute Indian Prime Minister Narendra Modi when he visits South Africa for the Brics summit this month.

MLA had requested the NPA to arrest Modi for alleged crimes, based on a report issued by the UN Human Rights Commission on Kashmir.

The NPA said in a statement on Friday that it received the request on June 28 and that the Hawks investigated the matter. 

“The South African authorities engaged the Indian authorities in line with our legal obligations,” spokesperson Luvuyo Mfaku said. 

“After evaluating the evidential material, information received and the applicable law, the NPA decided that there is presently inadequate evidence to sustain a successful prosecution and to support an application for a warrant of arrest.

“The NPA thus declines to obtain a warrant of arrest for the Prime Minister of India,” Mfaku added.  

The association’s lawyer Yousha Tayob told News24 that he believed the NPA’s decision was temporary.  

“They requested more information and we thought we gave them enough, but we will make sure we provide them with more for them to prosecute,” he said.

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