Devyani Khobragade case: India tightens screws, withdraws privileges for US consular officials

[karan.1970]

People here are totally confused about the issue. The issue is really not the merit of the case between the employer and the employee but is whether the process and procedures followed by the US govt in handling that case was right or not..

 

[Iggy]

People here are totally confused about the issue. The issue is really not the merit of the case between the employer and the employee but is whether the process and procedures followed by the US govt in handling that case was right or not..

This was clarified many times here.. But some people argue on the line that we are actually supporting the lady's action..

 

[thesolar65]

So why do Indians have to be outraged when she was not accorded that extra privilege and arrested (though every opportunity was provided to GOI to avoid this unfortunate incident) ? As for the reports, why not go by the official statement from the DA office?

Ms. Khobragade was accorded courtesies well beyond what other defendants, most of whom are American citizens, are accorded. She was not, as has been incorrectly reported, arrested in front of her children. The agents arrested her in the most discreet way possible, and unlike most defendants, she was not then handcuffed or restrained. In fact, the arresting officers did not even seize her phone as they normally would have. Instead, they offered her the opportunity to make numerous calls to arrange personal matters and contact whomever she needed, including allowing her to arrange for child care. This lasted approximately two hours. Because it was cold outside, the agents let her make those calls from their car and even brought her coffee and offered to get her food.

Link to DA office statement -

Request Rejected

So Devyani is a Liar and the DA is "Yudhistir"?

 

[thesolar65]

@janon @sancho @Srinivas @Sashan

I think these things are going to happen for sure.

1. There will be a compromise between India and US. India pays the Maid and Devyani back to India.
2. The case will go on to find out the truth.
3. In the next bilateral talks there will be major discussion involving maids and some sort of understanding will come about regarding the salary payment.
4. If in Court US Govt. looses then DA will be screwed and Devyani will file some hefty amount of money like Krttika Biswas case.
5. If US govt. wins the case, suddenly many more maids will apply for Green card citing low pay against their employers from other countries embassy. US will screw DA again.
6. Whatever outcome of the case may be Sangeeta Richards will not be able to come to India again without getting arrested. Her high ambition has gotten her into this situation.
7. As for her further employment, even American will not employ her fearing blackmail!!

about harping on Law "Law is an *** and Govt. is an asshole"!!

 

[Srinivas]

@janon @sancho @Srinivas @Sashan

I think these things are going to happen for sure.

1. There will be a compromise between India and US. India pays the Maid and Devyani back to India.
2. The case will go on to find out the truth.
3. In the next bilateral talks there will be major discussion involving maids and some sort of understanding will come about regarding the salary payment.
4. If in Court US Govt. looses then DA will be screwed and Devyani will file some hefty amount of money like Krttika Biswas case.
5. If US govt. wins the case, suddenly many more maids will apply for Green card citing low pay against their employers from other countries embassy. US will screw DA again.
6. Whatever outcome of the case may be Sangeeta Richards will not be able to come to India again without getting arrested. Her high ambition has gotten her into this situation.
7. As for her further employment, even American will not employ her fearing blackmail!!

about harping on Law "Law is an *** and Govt. is an asshole"!!

USA should let the diplomat go free and should not treat Indian diplomats in this way in the future.

 

[harpoon]

It is as simple as that - the local laws unfair it seem need to be abided by everyone including the diplomats. If the maid can't be compensated as per the local laws(and A3 visa clause as well), let the IFS officials not hire a maid and not break the laws. Afterall many Americans and even Indians who earn multiple times more than Devyani can't afford a maid. Why do many feel that diplomats are entitled to a maid?

I don't understand why you again and again wants to compare yourself or other Indian Americans with DK and the job she does. She is a diplomat and she is sent there on to represent Indian Nation and according to what former diplomat Partha Sarathy said on TV debate, a diplomat's life is very hectic and she is expected to wine and dine guests inorder to push Indian nations interests in US and do you really think she can entertain high profile guests all by herself on a $4500 salary.

 

[dray]

There are no double standards here. And if India has let go of an US diplomat who had committed a crime which warrants 10 years, then India is at fault and I never heard any story around that. The extra privileges granted beyond the norms were misused by the Indian diplomats in harassing their maids which is nothing short of human trafficking and visa fraud - 2 serious crimes. Let me leave this case as you said innocent until proven guilty. I am pointing to the 2010 case - a 17 year old girl who was brought in as maid after the terms agreed was $120 per month, less than 2 day salary for even a neighborhood teenager in US doing part-time. The diplomat under question, Neena Malhotra was found guilty in absence in civil court as she could not be prosecuted in criminal court due to the full diplomatic immunity she enjoyed. And what is that the GOI had done to that lady? Nothing. She is in a plump position in India.

There is a limit to the abuse of privileges by the Indian diplomats. It goes both ways. India allowed its officials to abuse their privileges abroad and local laws were not followed and I could say the same - that India was not acting as a responsible partner prior to this incident. Even then, US did bring it to GOI's notice in September about this particular issue and GOI did not do a squat then. Now don't blame US when US DOJ moved in to make the arrest.

As for the moving Indian citizens out, Preet Barara is at fault for using the wrong choice of words and stupid at best. But beyond that, the family of Sangeetha are not accused of any crimes and they applied for the visa and granted as other Indians do. Why does the question about India's permission arise if Sangeetha's family are free citizens?

Wrong, there is a pending case U/S 420 in India against Sangeeta's husband, and US was officially informed about it, Preet Bharara did interfere in Indian judicial process.

@janon @sancho @Srinivas @Sashan @thesolar65 @karan.1970
@seiko @KRAIT

Please read the article posted in post # 30 at the bottom of the page 2. You will get a clearer idea about the whole episode.

 

[Mujraparty]

In a new twist, it has now emerged that senior Indian diplomat Devyani Khobragade enjoyed full diplomatic immunity including from personal arrest and detention on December 12 when she was taken into custody by the US authorities in a visa fraud case.

39-year-old Khobragade, who was posted as Deputy Consul General in New York, was also accredited as an "Advisor to the Permanent Mission of India to the United Nations" by the UN w.e.f. 26th August 2013 and her status as an Advisor was valid until 31 December 2013. The accreditation was for the UN General Assembly 2013.

Under the "Convention on the Privileges and Immunities of the United Nations", Article 4 Section 11A specifies "Immunities from personal arrest or detention and from the seizure of their personal baggage" of all representatives of members to the UN and further the Article specifies that the expression "Representative" shall be deemed to include all Delegates, Deputy Delegates, Advisors, Technical Experts and

Devyani Khobragade had full diplomatic immunity at the time of arrest - Indian Express

 

[Sashan]

People here are totally confused about the issue. The issue is really not the merit of the case between the employer and the employee but is whether the process and procedures followed by the US govt in handling that case was right or not..

Exactly. I have been raising the question whether any legal procedures were broken while handling the case.

So Devyani is a Liar and the DA is "Yudhistir"?

Whether DA is "Yudhistir" or not is the question here. It is simple - whether any legal procedures were compromised with her arrest? If so, as the case progresses, her attorney can contest that and that will be the cause for her release(on technicality)

 

[Sashan]

@janon @sancho @Srinivas @Sashan

I think these things are going to happen for sure.

1. There will be a compromise between India and US. India pays the Maid and Devyani back to India.
2. The case will go on to find out the truth.
3. In the next bilateral talks there will be major discussion involving maids and some sort of understanding will come about regarding the salary payment.
4. If in Court US Govt. looses then DA will be screwed and Devyani will file some hefty amount of money like Krttika Biswas case.
5. If US govt. wins the case, suddenly many more maids will apply for Green card citing low pay against their employers from other countries embassy. US will screw DA again.
6. Whatever outcome of the case may be Sangeeta Richards will not be able to come to India again without getting arrested. Her high ambition has gotten her into this situation.
7. As for her further employment, even American will not employ her fearing blackmail!!

about harping on Law "Law is an *** and Govt. is an asshole"!!

I had discussions with couple of friends on item 7 and our take is the maid might get employed somewhere but if she had ever filed the case motivated by the immigration lawyer, she is not going to have that American dream. She will still be a maid and will slog doing two jobs to support her family.

And if the US government sees a pattern, they can still pull up the maids as well as these are in guilty in false visa charges unlike the benefit of doubt given here.

And Devyani can sue the pants off the US DOJ just like Biswas.

But apart from that, withdrawing the case, I am doubtful especially after the media visibility and many here will start questioning the rationale behind withdrawing the case. The opinion here in US is different and if Preet is aiming for higher positions, it is risky as he will be seen as being lenient. Afterall DAs like him have built their political profiles by appearing tough.

 

[SrNair]

She is not on a diplomatic mission but a consular officer whose work is to issue visas. More or less a glorified clerk working in a consulate and not in embassy. She does not represent a country. If so, she would have been accorded full immunity like officers in a mission or an embassy would be given just like the other guilty one in 2010 case - Neena Malhotra who was not touched by US and allowed to go out of the country except for being sued in civil court in absentia.

Not sure why you guys want to allow your emotions run high when there is a pattern of abuse by these IFS officers. Babus and Netas screw up in India and these babus are screwing up elsewhere and you guys are indirectly condoning their acts for their personal benefits.

she represent India in US.

 

[Sashan]

I don't understand why you again and again wants to compare yourself or other Indian Americans with DK and the job she does. She is a diplomat and she is sent there on to represent Indian Nation and according to what former diplomat Partha Sarathy said on TV debate, a diplomat's life is very hectic and she is expected to wine and dine guests inorder to push Indian nations interests in US and do you really think she can entertain high profile guests all by herself on a $4500 salary.

DK is not a diplomat. She is not serving in the mission in DC. She does not manage relationships here or represent Indian Nation. She is here as a consular officer, a bureaucrat to handle paper work related to visas and others.

Partha sarathy can claim whatever he want. Afterall he belongs to the diplomatic community.

Even her job is hectic, does it give her the leeway to break laws? Afterall it is the IFS officers who is dictating the measures taken by India against US.(about 30 officials met Sujatha singh to formulate the reciprocal measures). Why not influence MEA to compensate for the maid services? This has been a boiling issue for the past few years.

And what makes you think that others or Indian Americans or my job is simple compared to the IFS officials here?

Wrong, there is a pending case U/S 420 in India against Sangeeta's husband, and US was officially informed about it, Preet Bharara did interfere in Indian judicial process.

@janon @sancho @Srinivas @Sashan @thesolar65 @karan.1970
@seiko @KRAIT

Please read the article posted in post # 30 at the bottom of the page 2. You will get a clearer idea about the whole episode.

Forget about the Cowboyish statement from Preet for a moment.

Here is a scenario. An Indian working in a software firm has a case filed against him a 420 case. He goes to US embassy for visa and was granted a visa. His firm buys him a ticket to fly abroad for business reasons. His passport is not revoked and he flies away. Who would be held responsible in this scenario? the failure of the police official or the Public prosecutor in India to request the court to revoke the passport citing flight risk of the person accused? or the software firm? or the US embassy which granted visa?

Beyond that, I am not sure what is the legal bearing the cowboyish statement of Preet is going to have in the Indian courts.

Personally, I feel things were handled well until this point where the DA screwed it up.

 

[Sashan]

she represent India in US.

Lets disagree whether she represents India or not. If you think she represents India, she failed India in that she did not respect the local laws and set an example to other Indians. And beyond that, her diplomatic defines the immunity whether she can be prosecuted or not for felony charges.

 

[SrNair]

Lets disagree whether she represents India or not. If you think she represents India, she failed India in that she did not respect the local laws and set an example to other Indians. And beyond that, her diplomatic defines the immunity whether she can be prosecuted or not for felony charges.

I agree .She violate US rules .But that DA jump without any sense and talk like evacuate Indian from India and now even US judge critcize him.US attorney of diplomat is also said DSA make mistake in paperwork.They arrested a foreign diplomat with wrong information and then justified it.

 

[Sashan]

I agree .She violate US rules .But that DA jump without any sense and talk like evacuate Indian from India and now even US judge critcize him.US attorney of diplomat is also said DSA make mistake in paperwork.They arrested a foreign diplomat with wrong information and then justified it.

DA maybe a cowboy. But all the DAs are as they see it as a stepping stone to higher political positions.

But the agent investigating the case did not make a mistake in interpreting paperwork. Read the case details in US DOJ site. It is DK who is in soup as well for the filing DS-160 as it is her computer which is used to file DS-160 and so she is being held responsible as well in the filings.

Who is going to believe when DK'S lawyer says in court

1. An illiterate maid used DK's computer to file DS-160. In the he said/she said - who story looks plausible? DK filed the DS-160 or the maid used DK's computer to file the form?
2. The maid entered DK's salary in DS-160 instead of the maid's. The question would arise how did the maid know about DK's salary.