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

[SrNair]

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.

Indian diplomats in US must obey US laws.Well we need to know whether US diplomats in India will obey our rules.We are collecting all a details in US embassy .Lets we see US diplomats are responsible

 

[KRAIT]

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.

Its not about her, its about the position she holds. If another person holding same position, is allegedly charged and treated similarly, the case will be in favor of India.

Guilty or not, is not the issue. If the matter was handled carefully, there wouldn't have been such problems between India and US.

That's why there are these protocols and special considerations are taken into account.

 

[sancho]

It was a nonsense statement in turn for another one - that they can't afford to pay U.S minimum wages for the maid. The maids are governed by US laws as per the visa terms. So there is no emotion involved here - I have been as objective as I can be. Also there are no Indian laws applicable.

Not really, you claimed that she can't afford which is just your personal opionion, you claimed that she shouldn't have a maid, like other Indians in the US, which also is only our personal opionion. Both have nothing to do with the case and it's not up to you to decided who should have a maid or not.

Now aren't you repeating the same again and again. Let me restate one final time - the case and warrant is against the maid. Not against their relatives. The are free to move anywhere.

Of course, because you just trying to distract instead of take the facts, by the lack of arguments, that the US had no right to move them out. What if India moves out a US citizen from the US, that is involved in an ongonig investigation, would you still say that the citizen is free to go to India?

Btw, you didn't commented on the point that the DS 160 form INDEED asks for the salary of the employer, which proves your earlier claims to be wrong. So only because you might have filled the form before, doesn't make your claims to be the only truth right? And as already stated, only because Devyani's computer was used, doesn't make her accountable if the maid filled the application and signed it. So the US authorities have to prove first that Devyani made the mistakes in the application and so far we more proves against that as it seems.

 

[Sashan]

Not really, you claimed that she can't afford which is just your personal opionion, you claimed that she shouldn't have a maid, like other Indians in the US, which also is only our personal opionion. Both have nothing to do with the case and it's not up to you to decided who should have a maid or not.

If she can't afford she can't have a maid. Period. There is no way she can break the local laws to have her way. There is no personal opinion here. Or are you alluding to some special privilege or something which allows her to bend the laws? Let me know.

Of course, because you just trying to distract instead of take the facts, by the lack of arguments, that the US had no right to move them out. What if India moves out a US citizen from the US, that is involved in an ongonig investigation, would you still say that the citizen is free to go to India?

You are again and again repeating the same stuff. Apart from the DA's cowboyish statements which is atmost ridiculous, there is nothing illegal about US granting the Indian citizens visa and they moving out. It was not like they were restrained or an helicopter sent out to yank them out of India. They got the air tickets and flew out with a proper Indian passport and a legal US visa. And last I read there is nothing wrong in someone else buying tickets for a person in India. And same situation goes for a US citizen. If he has a US passport and gets an Indian visa, who is US to prevent him from flying out? I am astonished that we are hung up on this point. Let me know what is illegal here instead of repeating that an Indian citizen was moved out by US. Else we are done here.

 

[ptltejas]

I think India and congress have spoiled the game unnecessarily, the act of India is directly challange to the US respect or Igo. Congress unnecessarily make hue and cry on issue, perhaps it would be possible to do fruitful act at backdoor without raising more shouting. US may ready to do proper if we have not raise the dispute like the way India/Congress had done?

what's member opinions.

 

[sancho]

@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"!!

It's not that easy anymore, the US higher government have an interest in solving the issue and as even reported by US media was taken by surprise by the actions against Devyani. However, not that the case is active, they can't simply go against the US law, so they have to find loopholes around the laws, to give a real compromise to us and save their own face.
Another problem is, that issue about the maid and her family. GoI MUST require the US authorities to send them back to India, especially since there is a pending case against at least the maid. That however will be difficult for the US government, since there will be an outcry in their public about the "possible" threat about the security of the maid and the family. But GoI can't simply let them go away like that, since other might follow this example and most of all, it was a clear offence against India to move out the family! That issue will be difficult to resolve I guess.

 

[faithfulguy]

The domestic help also gets her food clothing,housing, transportation and medical expenses paid for by the Indian taxpayers. How many american minimum wage earners have that luxury? The maid was living a much better life than the minimum wage earners, in fact almost as good as an american middle class person, who cannot meet her medical expenses or even afford complete medical insurance.

Is her food, clothing, housing, transportation and medical expense part of the benefit? If so, than its not wage according to American law. If not, then these has to be reported to IRS. The problem here is that the diplomat break the American law, not where the source of her income.

 

[sancho]

If she can't afford she can't have a maid. Period.

You are again and again repeating the same stuff. Apart from the DA's cowboyish statements which is atmost ridiculous

Chill buddy, you are acting like an Indian now, with all the emotions!
Keep on denying and justifying things for the US, but that doesn't mean much as you wrong claims showed already. Things will keep going on and we will see how it ends, but India has good reasons to take a stronger stand against the US and hopefully will take more precautions against US doings in India.

 

[Sashan]

Chill buddy, you are acting like an Indian now, with all the emotions!
Keep on denying and justifying things for the US, but that doesn't mean much as you wrong claims showed already. Things will keep going on and we will see how it ends, but India has good reasons to take a stronger stand against the US and hopefully will take more precautions against US doings in India.

Sorry mate - no emotions here. - On the other hand I have been raising the question what was illegal about US approach in the whole episode and you can't answer me. Looks like you have hit a wall with your argument. So lets continue if you anything other than the same stuff you have been repeating. Otherwise time to take a pause.

Is her food, clothing, housing, transportation and medical expense part of the benefit? If so, than its not wage according to American law. If not, then these has to be reported to IRS. The problem here is that the diplomat break the American law, not where the source of her income.

The A class visas including A3 visas are IRS tax exempted. But A3 visa clearly states other perks should be a small portion of the salary package which would mean the major portion should be of monetary value. So they can't claim that the food, housing, transportation compensates for the remaining $1000 or so beyond the $500 DK seem to have paid the maid.

 

[kbd-raaf]

Sorry mate - no emotions here. - On the other hand I have been raising the question what was illegal about US approach in the whole episode and you can't answer me. Looks like you have hit a wall with your argument. So lets continue if you anything other than the same stuff you have been repeating. Otherwise time to take a pause.



The A class visas including A3 visas are IRS tax exempted. But A3 visa clearly states other perks should be a small portion of the salary package which would mean the major portion should be of monetary value. So they can't claim that the food, housing, transportation compensates for the remaining $1000 or so beyond the $500 DK seem to have paid the maid.

It looks like DK had full diplomatic immunity as stated by Nirupama Rao earlier.

I.O.W Preet Bhara, you dun goofd.

 

[Sashan]

It looks like DK had full diplomatic immunity as stated by Nirupama Rao earlier.

I.O.W Preet Bhara, you dun goofd.

If she had full immunity, the issue will resolve quickly or maybe this is something they are working out for DK as a way out of the imbroglio. But I am doubtful it is going to have any effect on Preet Barara. He is in DOJ and not in DOS and I am sure he would claim it as a victory under his belt as people will see it as standing up for poor immigrants if he runs for Mayoral election in NY - a city full of immigrants. Any diplomatic tussle between countries is not going to have an impact in the elections.

 

[kbd-raaf]

If she had full immunity, the issue will resolve quickly or maybe this is something they are working out for DK as a way out of the imbroglio. But I am doubtful it is going to have any effect on Preet Barara. He is in DOJ and not in DOS and I am sure he would claim it as a victory under his belt as people will see it as standing up for poor immigrants if he runs for Mayoral election in NY - a city full of immigrants. Any diplomatic tussle between countries is not going to have an impact in the elections.

That was something Ms Rao said right at the beginning of the fiasco

 

[Sashan]

That was something Ms Rao said right at the beginning of the fiasco

Do you have the link?

 

[kbd-raaf]

Do you have the link?

No but I remember reading it at the time.

Indian diplomat Devyani eligible for immunity, claims lawyer

^ She claims that DK has immunity

 

[dray]

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.

Oh please! US was, DA's office was fully aware about the case against Sangeeta's husband, they are not like some unsuspecting software firm, as per them, they 'evacuated' her husband from the clutches of the vindictive Indian judicial process, and also 'protected' Sangeeta from a non-bailable warrant in India. I requested you to read post no.30 for a reason, here is the link.

http://www.dailymail.co.uk/indiahome/indianews/article-2526067/Decoding-Khobragade-controversy-How-row-maids-visa-sparked-scale-diplomatic-incident.html

Also, what would you say if this news turns out to be true?

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