Devyani Khobragade gets full diplomatic immunity, flies back home

[Sergi]

State department is already backing him and has given him a clean chit.

His ego might have got hurt, but he has confronted a wrong country.

Thats not called backing sir. They did what they could do openly. Nobody in state department can openly criticise what he did.

But he didn't work in accordance with State Department otherwise this thing would have shot down alot before it fly.
What he did must have hurt the boss in State department who has to face fire from his own Administration. Nobody like that.

But I am ill informed about how DAs are selected and removed or offered promotions like different jobs. He surely can day good bye to them

 

[Jade]

The point is that if she has to go back to the US, that country will have to give her a visa. If she applies on a diplomatic passport, the will not let her in. In other words, they won't let her in as a diplomat anymore.

Ahmad Nejad is wanted in 1979 criminal case, but was allowed to visit US many times during his tenure as a president of Iran. I don't thing US can deny her a visa until the time she is a diplomat, but as a person non grata she is not welcome in US any more.

Thats nit called backing sir. They did what they could do openly. Nobody in state department can openly criticise what he did.

But he didn't work in accordance with State Department otherwise this thing would have shot down alot before it fly.
What he did must have hurt the boss in State department who has to face fire from his own Administration. Nobody like that.

But I am ill informed about how DAs are selected and removed or offered promotions like different jobs. He surely can day good bye to them

He sure put India-US on a major diplomatic spat and put US State Department on back foot. Although of Indian origin he known to pursue cases against people of Indian origin and was accused of racial discrimination many times.

 

[janon]

Ahmad Nejad is wanted in 1979 criminal case, but was allowed to visit US many times during his tenure as a president of Iran. I don't thing US can deny her a visa until the time she is a diplomat, but as a person non grata she is not welcome in US any more.

That's a visit of a head of state. That is a different issue altogether. Heads of state and heads of govts have a different (and higher) protocol than diplomats or ambassadors.

She can be a diplomat to the US only if the US allows that. Diplomatic immunity is granted AND taken away by both countries together. Both countries have to agree to give somebody diplomatic immunity before she travels, and once given, both countries together have to decide to waive immunity, if necessary. In DK's case, once she leaves the US, she is not a diplomat to the US anymore.

If DK becomes the president or prime minsiter or India, and the US wants to have relations with India, then they have no choice but to let her in on official visits and visits tot he United nations. Heck, even Ahmadinejad has spoken at the United nations in NY, if I remember. If Modi becomes PM, the US will have to let him in on state visits, whether they like it or not. But diplomats are not on state visits, but on diplomatic duties. TheUS can bar the entry of those people by denying a visa.

 

[forcetrip]

The point is that if she has to go back to the US, that country will have to give her a visa. If she applies on a diplomatic passport, the will not let her in. In other words, they won't let her in as a diplomat anymore.

So in other words the US has dropped the case completely and the incident is expunged from the record. The only condition is that she will not be a diplomat in the US? Shouldn't it be the other way around?

 

[Jade]

That's a visit of a head of state. That is a different issue altogether. Heads of state and heads of govts have a different (and higher) protocol than diplomats or ambassadors.

She can be a diplomat to the US only if the US allows that. Diplomatic immunity is granted AND taken away by both countries together. Both countries have to agree to give somebody diplomatic immunity before she travels, and once given, both countries together have to decide to waive immunity, if necessary. In DK's case, once she leaves the US, she is not a diplomat to the US anymore.

I may be wrong, but as a diplomat attached to UN and with US state department itself recognizing her diplomatic status, I guess US has no say here.

 

[janon]

Thats not called backing sir. They did what they could do openly. Nobody in state department can openly criticise what he did.

But he didn't work in accordance with State Department otherwise this thing would have shot down alot before it fly.
What he did must have hurt the boss in State department who has to face fire from his own Administration. Nobody like that.

But I am ill informed about how DAs are selected and removed or offered promotions like different jobs. He surely can day good bye to them

It's very complicated, and has no parallels in India. They are either directly elected by people (judges get elected as well), or appointed by executive authority. In either case, the office is very sensitive to public criticism and public opinion.

So in other words the US has dropped the case completely and the incident is expunged from the record. The only condition is that she will not be a diplomat in the US?

Not exactly. The case is very much alive, and open. But since she has immunity, she will be allowed to leave the country. If she returns to the US for any reason without immunity, then she will be prosecuted. Of course, common sense suggests that she won't go to the US again.

 

[Developereo]

I wasn't disputing that. I was disputing your contention that India exactly knew what it was doing and the State Department was "in on the act." In reality, India exhausted all options, even appealing to the US courts for an extension before flying her out when that too was dismissed. It hardly sounds like a pre-planned move to me.

The Indian government had to go through the motions to satisfy domestic opinion.
In reality, it knew the charges couldn't possibly be dropped and the only way out was diplomatic immunity.
It also knew an apology was unlikely.

At the end of the day, India got the US State dept. to publicly admit that its Indian relationship is more important than the legal system. The State dept. bent the law (granted ex post facto immunity) to allow the criminal to escape the US justice system.

 

[Jade]

So in other words the US has dropped the case completely and the incident is expunged from the record. The only condition is that she will not be a diplomat in the US?

US has not dropped the case. She is indicted

Bharara told the court that there was no need for an arraignment because Khobragade had "very recently" been given diplomatic immunity status. However, he said the charges will remain pending until she can be brought to court to face them, either through a waiver of immunity or her return to the U.S. without immunity status.

 

[janon]

Decoding the Devyani Khobragade controversy: How a row over a maid's visa sparked a full-scale diplomatic incident | Mail Online

The United States had informed the Indian Government about the allegations against Devyani Khobragade, the Deputy Consul General in New York, over three months prior to her arrest last week.

A State Department official told Mail Today: "To confirm, the State Department notified the Indian Embassy in writing on September 4. The Department of State advised the Embassy of the Republic of India of allegations of abuse made by an Indian national against the Deputy Consul General of India in New York."

Then I admit that the ministry of external affairs and the embassy have a lot to answer for.

 

[forcetrip]

Not exactly. The case is very much alive, and open. But since she has immunity, she will be allowed to leave the country. If she returns to the US for any reason without immunity, then she will be prosecuted. Of course, common sense suggests that she won't go to the US again.

Thats pretty messed up if you know what I am saying. She needs to go back to the US as soon as she is able to to complete the victory parade being thrown for her back home.

 

[isro2222]

HAHAHA yankeestan bow down to india. However before bowing it did made india think how to behave with yankees in india.... India got tough on yankee diploymats in india. Now india should do everything to make sure yankeestan pay for insulting indian Supreme court. That maid been taken away (human trafficking by yankeestan). Soon she will be in india behind bars Hahaha. Weldone india. By the way the italians marines likely to be tried only for death penalty. Even when midget italy requested india not to give them death. Yet india shown middle finger to tiny italy. I guess countries kept poking a sleeping giant and the sleeping giant getting up now hahaha. Bravo.

 

[janon]

Thats pretty messed up if you know what I am saying. She needs to go back to the US as soon as she is able to to complete the victory parade being thrown for her back home.

No, she doesn't have to, and won't. There will be no victory parades either - Indians are not interseted in her personally, it was only because she was a diplomat that we were up in arms. She might actually face more music back home, for the Adarsh scandal - this issue has cast the spotlight on many dubious cases back home from the past. In the months ahead, there will be intense scrutiny of the land deals she and her father did, and if she is lucky, she will simply fade away into oblivion.

Make no mistake, nobody is going to treat her as a hero.

 

[forcetrip]

HAHAHA yankeestan bow down to india. However before bowing it did made india think how to behave with yankees in india.... India got tough on yankee diploymats in india. Now india should do everything to make sure yankeestan pay for insulting indian Supreme court. That maid been taken away (human trafficking by yankeestan). Soon she will be in india behind bars Hahaha. Weldone india. By the way the italians marines likely to be tried only for death penalty. Even when midget italy requested india not to give them death. Yet india shown middle finger to tiny italy. I guess countries kept poking a sleeping giant and the sleeping giant getting up now hahaha. Bravo.

Have been missing your gem's for far too long. Welcome back because I hadn't seen your posts for a long time.

No, she doesn't have to, and won't. There will be no victory parades either - Indians are not interseted in her personally, it was only because she was a diplomat that we were up in arms. She might actually face more music back home, for the Adarsh scandal - this issue has cast the spotlight on many dubious cases back home from the past. In the months ahead, there will be intense scrutiny of the land deals she and her father did, and if she is lucky, she will simply fade away into oblivion.

Make no mistake, nobody is going to treat her as a hero.

They gave her a promotion and put her in the UN. I doubt they will open any cases against her for the fear of making it seem like a US agenda.

 

[RayOfLight]

@isro2222

Good to see you back.. any news about Draconians?
How is the weather in Mars? frozen vortex like US?

 

[cyphercide]

The Indian government had to go through the motions to satisfy domestic opinion.
In reality, it knew the charges couldn't possibly be dropped and the only way out was diplomatic immunity.
It also knew an apology was unlikely.

At the end of the day, India got the US State dept. to publicly admit that its Indian relationship is more important than the legal system. The State dept. bent the law (granted ex post facto immunity) to allow the criminal to escape the US justice system.

Unlikely. All the political grandstanding, "mere regret won't cut it" speeches, vowing to never step foot in Parliment and the witch-hunt aimed at Preet makes it highly improbable that India(the Congress Government) knew what it was doing. Why not take the call expressing regret at its face value if you did know in advance that no apology is going to come? Why make it a political issue if you knew you would be the ones looking like fools in the end? In contrast, the United States didn't settle on any issue. The case still stands and immunity wasn't retroactively granted for previous offenses just like the State Department clarified.

I just don't see how all this translates into the US publicly admitting(?) that its Indian relationship is more important than the legal system.