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India spanks USA over diplomat arrest issue !

My post no base on personal opinion but base on US law and US immigration law. My respond to the question not in any way imply US was making a major blunder in conducting foreign affair, or stated India judiciary only apply to the jungle law. My validation with my answer are within the context of US law.

While at the same time completely disregarding those of another sovereign country who Obama calls pivot to america's foreign policy in 21st century and beyond.
 
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While at the same time completely disregarding those of another sovereign country who Obama calls pivot to america's foreign policy in 21st century and beyond.




Every nation want to advance their own national interest, Obama had his own reason to pivot back to Asia to consolidate US allies and preserve US power in the region. US didn't violate any nation sovereignty with the Asia pivot, US foreign policy more focus on Asia moving forward. China is a big nation and a large population, if China power leave uncheck will cause US lose influence over the regional allies.

US allies will lost confident with US foreign policy in maintaining the power balance in the region.
 
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JESUS CHRIST MAN! DO YOU NOT GET that Sangeta was the so called ' accused' in India- not her family! her family has all the right to travel anywhere if they wished to do so! THEY DECIDED TO MOVE!

Not as simple. Their tickets were bought by the U.S. embassy and the NY prosecutor is on record saying that it was done to prevent the family from coming under legal pressure. The Indian courts are going to take a dim view of that. Possible contempt case coming up.

India looking closely at US role in maid family trip

After it formally downgraded the immunity enjoyed by US consular staff on Tuesday, the next issue India may raise with the United States in its ongoing spat over arrested diplomat Devyani Khobragade revolves around the “evacuation” of the family of nanny Sangeeta Richard.

Senior external affairs ministry officials called in US deputy chief of mission Michael Pelletier to explain formally the downgrading of the immunity and other privileges enjoyed by US consular officials, who had until this point been treated like diplomats. Among other measures, immunity of the family members of consular staff has been withdrawn. Consular staff will also no longer be exempt from facing charges of serious crimes.


Next, as the American side moves to answer Indian queries about salaries paid to Indian staff in the embassy, and the visa status of some of the spouses of embassy staff, the Indians are looking closely at the flight of the Richard family.

It is learnt that the Indians are seized of the fact that some US embassy officials may have misused diplomatic privileges in booking tickets for the husband and children of Richard, and that the move could amount to contempt of court as the Richard family was facing a court case when they left India.

The tickets for Philip Richard and the two children were booked in an Air India flight on December 10 (with an open return ticket return valid up to March 3, 2014). The tickets worth R1,00,895 were exempt from service tax of 4.50% as per the norms followed in the case of diplomatic missions.

In an atmosphere where both sides are watching the other closely, this is being seen as misuse of diplomatic privilege as tax exemption is offered to an embassy for its use and not for whisking Indian citizens away.

Then comes the US interference in the judicial system, on which the MEA has made a public statement questioning the foreign government has to “evacuate” Indian citizens from India “while cases are pending against them in the Indian legal system.” The thinking is growing that this can amount to contempt of court.

“The legal process in another friendly and democratic country is interfered with in this manner, it not only amounts to interference but also raises the serious concern of calling into question the very legal system of that country,” external affairs ministry had said on December 19. US embassy spokesperson Lee McManis would not comment on the issue beyond referring HT to the state department briefing last Thursday.

“We are aware of the existence of allegations that the family was intimidated in India. Obviously, I can’t confirm those. But in general, we take those kinds of allegations very seriously,” an official had said. The Richards are likely to be treated as part of a witness protection programme.
 
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India tells the US it means business: Tough-talking Delhi sets the taxmen loose on the American Embassy

After the nuclear tests in 1998, the US put severe sanctions against India.

In a role reversal, it's the American embassy in New Delhi feeling the pinch of "sanctions" imposed by the Indian foreign ministry, including an impending visit by the taxman.

The foreign ministry has asked the Central Board of Direct Taxes to make an unprecedented scrutiny of tax returns, salaries and employment details of embassy employees, as well as exemptions claimed by establishments allied to the mission.

Mail Today has also learnt that US ambassador Nancy Powell had to cancel a scheduled trip to Nepal after the foreign ministry refused to extend her special privileges that usually come with the job.

Powell had notified the foreign ministry about her trip and asked for the use of the protocol lounge and other privileges like security and immigration assistance, but she was curtly reminded that all of these had been withdrawn as a retaliatory measure to protest the treatment of Khobragade.

The US Embassy did not reply to Mail Today's email for a response on this issue.

To make its displeasure even clearer, US deputy chief of mission Michael Pelletier was summoned on Christmas eve - a time when most Americans would be having a traditional turkey dinner with the family - and served a demarche or diplomatic protest by Vikram Doraisamy, the head of the Americas desk at the external affairs ministry.


This was yet another note to protest the unsatisfactory US response to India's request for dropping of charges against Khobragade and signal that Washington needed to speed up her diplomatic identity card in New York.

The US also has to change her visa status now that she is accredited to India's mission to the UN.

New territory

But, such is the anger in South Block over the treatment of Khobragade that ministry mandarins are going where they have never gone before.

The foreign ministry has now set the taxman loose against the American mission and its employees.

The foreign office has asked the Central Board of Direct Taxes (CBDT) to send a tax notice to the US Embassy seeking details of the tax returns, taxes paid and employment details of all the family members and local staffers at the embassy and its consulates in India.

Sources say the department will also do a 360 degree mapping of the diplomats and their families with a finetoothed comb now, something which has never been done for diplomats.

"The US has been claiming tax exemption for the American School and its staffers. They also run a club inside the US Embassy premises as well as a beauty salon and a café. We need to know why this should be exempted from paying taxes," a source told Mail Today.

New Delhi also turned down the US's assertion that it needs prior permission from Washington before submitting such details, telling the US that they need to act fast.

Two-pronged

While India keeps up the heat on Washington, it is also strengthening its legal case.

Sources say that the US goofed up yet another point, as Devyani was covered under the Vienna Convention on diplomatic immunity of 1946 even on the day she was arrested.

Khobragade was accredited to the UN and was accorded adviser status by the US State Department, which was recognised by its Office of Foreign Missions, till December 31.

The adviser status is provided to all the officials part of the official delegation to the UN.

In this case, Devyani was assigned certain official duties during Prime Minister Manmohan Singh's visit to the US for the UN General Assembly session in September 2013.

"So the question of her arrest did not arise as she enjoyed diplomatic immunity even then," a source explained.

The Indian foreign ministry has also mapped out a Plan B, which includes stopping the working of diplomats' spouses and relatives without requisite permits.

There is also likely to be close scrutiny of the diplomatic status of those working in United States Information Service and American Centre in the country.

India tells the US it means business: Tough-talking Delhi sets the taxmen loose on the American Embassy | Mail Online


 
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I hate to break this to you but hardly anyone outside India would believe those Indian cases against Richards to be legitimate. They are harassment, pure and simple, pushed by the consul's father -- who seems to be a real jerk and who has a lot of connections.

Those cases actually make India look bad and show that the Indian judicial system can be played by the rich and powerful.

As we stated here.. Indian judiciary is free from those political babus and no amount of connections will stop them from fair verdict..If they are harassing Richards, then they could have asked him to surrender his passport or put him on jail.. The provision for free and fair justice is not limited to US only..
 
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She is married to an American citizen, if she becomes convicted jail bird she will lose her chance to get her green card.

As we stated here.. Indian judiciary is free from those political babus and no amount of connections will stop them from fair verdict..If they are harassing Richards, then they could have asked him to surrender his passport or put him on jail.. The provision for free and fair justice is not limited to US only..


If that is true I do have an awesome bridge to sell........
 
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India tells the US it means business: Tough-talking Delhi sets the taxmen loose on the American Embassy

After reading this, I think the arrest was a blessing in disguise.. We were giving too much perks to the US.. Its high time we stop this..

If that is true I do have an awesome bridge to sell........


We are not talking about your country.. Do not get confused.. Not every country's judiciary and government work as a "yesman"( I do know better words to use here) for other countries.
 
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I am doubtful if one would have seen similar response if it was a recurrence of Dr. Kalam incident once again. But looking at the reciprocal measures including unleashing the tax officials against the US foreign officials it seems the IFS community has organized itself well to protect one of its corrupt officials and willing to protect their god given rights to abuse power at the expense of the poor maids (Neena Malhotra-Shanti Gurung and now this DK-Sangita)

I think it is time for US too to show the South Block its place. Unleash the immigration officials and investigate all the visas including the visas of the maids filed by the IFS officials - both diplomats and consular officials. Afterall two can play the game. That would be the appropriate measure which will put these babus in place and help the saner heads prevail.

Also time for all the extra-perks on both sides to go away and reset the relationship.

New territory

But, such is the anger in South Block over the treatment of Khobragade that ministry mandarins are going where they have never gone before.

The foreign ministry has now set the taxman loose against the American mission and its employees.

The foreign office has asked the Central Board of Direct Taxes (CBDT) to send a tax notice to the US Embassy seeking details of the tax returns, taxes paid and employment details of all the family members and local staffers at the embassy and its consulates in India.

Sources say the department will also do a 360 degree mapping of the diplomats and their families with a finetoothed comb now, something which has never been done for diplomats.

"The US has been claiming tax exemption for the American School and its staffers. They also run a club inside the US Embassy premises as well as a beauty salon and a café. We need to know why this should be exempted from paying taxes," a source told Mail Today.

New Delhi also turned down the US's assertion that it needs prior permission from Washington before submitting such details, telling the US that they need to act fast.
 
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L'Affaire Khobragade: Unprecedented winter of discontent for India, US
December 27, 2013 10:37 IST

'The diplomat's arrest has led to a major diplomatic spat, the likes of which I have not seen in my nearly three decades of covering the US-India relationship, says Aziz Haniffa.
'The knee-jerk reaction by the powers-that-be in Delhi was myopic to say the least.'


There is no denying that 2013 was a banner year for the Indian-American community, perhaps even the most significant in the history of the Indian-American immigrant experience.

The advances that were clearly manifested in the community's evolution signaled its arrival in the mainstream of American society. Not just in one particular area or another as in the past, but across the entire spectrum -- from politics to diplomacy, from judiciary to medicine, from philanthropy to music.

Not to forget the dusky Nina Davuluri -- who has a degree in brain behaviour and cognitive science and is on her way to become a physician -- giving new meaning to the Miss America pageant, what has traditionally been a parade of mainly blond white women who don't necessary belong to Mensa.

The community continued its shining spree when Dr Amerish 'Ami' Bera was sworn in as only the third Indian-American Congressman, and the first Indian-American physician to be elected to the US House of Representatives.

Two of the highest ranking Indian Americans in the Barack Obama administration, Dr Rajiv Shah, Administrator, US Agency for International Development, and Islam 'Isi' Siddiqui, Chief Agricultural Negotiator, Office of the US Trade Representatives, were retained by President Obama. Siddiqui resigned last week after five years on the Obama team.

There was the nomination and Senate confirmation of Srikanth 'Sri' Srinivasan as the new federal judge in the US Court of Appeals in the District of Columbia, the second most powerful court in the US after the Supreme Court.

At the time Sri was being sworn in, Vijay Iyer was selected as a MacArthur Fellow with the clear acknowledgement that he was a jazz genius.

More historic firsts followed. The nomination and confirmation of Nisha Desai Biswal as the first Indian-American Assistant Secretary of State for South and Central Asian affairs, the appointment of Vikram Singh as Deputy Assistant Secretary of Defence for South Asia -- the first high-level Indian-American Pentagon appointee -- and the nomination of Middle East specialist Puneet Talwar as Assistant Secretary for Politico-Military Affairs, even as he was an integral part of the US negotiations with Iran from his perch at the National Security Council.

President Obama nominated Dr Vivek Murthy as the new Surgeon General. There was the buzz surrounding the primary challenge by Ro Khanna to the California Congressional seat held by the iconic Asian-American legislator Mike Honda, with Silicon Valley heavyweights squarely behind Khanna's campaign.

Even before he formally declared, the $700 billion dollar man Neel Kashkari's gubernatorial interest in California, challenging incumbent Jerry Brown, had the mainstream media abuzz.

Former Iowa state senator Swati Dandekar also threw her hat into the Congressional ring, with the Democratic establishment squarely behind her run.

GOP Governors Bobby Jindal and Nikki Haley, of Louisiana and South Carolina respectively, proved their mettle and also raised funds for each other.

Jindal, in the clearest sign yet that he is seriously considering a bid for the Republican Presidential nomination in 2016, unveiled the formation of his new organisation, America Next, a nonprofit to promote conservative policy ideas.

In the local elections, Latha Mangipudi won a seat in the New Hampshire State House, Upendra Chivukula won his 7th consecutive term to the New Jersey state assembly, and Socialist Alternative candidate Kshama Sawant stunned the world by unseating a four-term incumbent in the Seattle City Council elections.

The first-ever Congressional Diwali celebration was essentially an acknowledgment of their influential Indian-American constituencies by the lawmakers who lined up to mark their presence.

This was followed by the White House Diwali, with First Lady Michelle Obama playing host. Some intense lobbying by Sikh Americans with an assist by the indefatigable Congressman Joe Crowley, New York Democrat and co-chair of the Congressional Caucus on India and Indian Americans also led to the Federal Bureau of Investigation creating a special category to monitor hate crimes against Sikhs.

Thanks to Major Kamaljit Kalsi's moving and powerful testimony, the US Civil Rights Commission wrote to Defence Secretary Chuck Hagel questioning Sikh exclusion from the military.

The GOP also made its first, organised attempt to draw the Indian-American community to its camp.

The House Republican Conference and the House Foreign Affairs Committee, which is chaired by Ed Royce, California Republican, hosted the first-ever GOP Indian-American Meetup on Capitol Hill.

The event was viewed as two-fold: An attempt for the GOP to resurrect itself from the battering it received after the government shutdown in October where the blame was laid squarely on the extreme conservative right-wing of the party, led by the Tea Party favourites, and to project itself as a party of diversity.

And, of course, as is always the case when it comes to Capitol Hill reception by lawmakers for growing ethnic communities, a clear effort to attract more funds and support from the affluent and influential Indian-American community.

Congressman Bera rightly described 2013 as a "phenomenal year for the Indian-American Diaspora," arguing that it "signifies the coming of age of the community and a natural progression of the community."

"It is only the beginning," he said. "It clearly shows that the Indian-American community with its second and third generation are now completely ingrained in the mainstream of America."

Just think of the record number of appointments and nominees within the Obama administration, and of course there are a number of judges that are making their way through the pipeline and that is exciting."

Referring to the consensus among the legal cognoscenti about Obama's next Supreme Court appointee, Dr Bera added, "Hopefully, in the next few years, we'll see what Sri Srinivasan's next steps are."

The story of the United States-India relationship this year was in stark contrast.

The policy paralysis in New Delhi, the still in limbo nuclear deal, and much angst in the US business and industry about a plethora of problems led to a consensus among the pundits that the much ballyhooed strategic partnership had hit a plateau and was in a state of hibernation.

And just when one thought that was the extent of it L'Affaire Devyani Khobragade erupted.

The arrest of the now former Indian deputy consul general in New York has led to a major diplomatic spat, the likes of which I have not seen in my nearly three decades of covering the US-India relationship.

The event had all the makings of an unprecedented and prolonged winter of discontent between Washington and Delhi.

The only hope is that the decibel level of angry rhetoric and the politicisation of this fiasco by some vested interests will subside. And that the US-India relationship, which has been carefully nurtured by a critical mass of ardent admirers and supporters -- not to forget the catalytic role played by the Indian-American community -- will be retrieved before it is allowed to plummet anymore.

The knee-jerk reaction by the powers-that-be in Delhi was myopic to say the least.


The exhortations by some to terminate the defence agreements and arrangements with the US, at a time when this defence relationship is the only silver lining in an otherwise lukewarm year, is yet another case of cutting the nose to spite the face, if you will pardon the cliche.

Mind you, India has lost one of its most sincere and trusted friends in the Pentagon, Deputy Defence Secretary Ash Carter, who recently resigned after being the architect of the US-India defence technology cooperation initiative -- which he launched and personally oversaw.

He was the key driver of enhanced US-Indian defence cooperation, investing extraordinary amounts of time in deepening the bilateral relationship.

Now, killing this facet of the US-India relationship just to teach Washington a lesson would be foolhardy.


L'Affaire Khobragade: Unprecedented winter of discontent for India, US - Rediff.com India News
 
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As we stated here.. Indian judiciary is free from those political babus and no amount of connections will stop them from fair verdict..If they are harassing Richards, then they could have asked him to surrender his passport or put him on jail.. The provision for free and fair justice is not limited to US only..

The courts may be fair (although justice can be bought even in the US of A) but the family was being harassed by police. According to Richard's daughter, it was common to have four or five policemen at the house on many nights.

It seems quite evident to most people, including the DA and the US consulate, that the family was being harassed and intimidated using the Indian justice system as cover.
 
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The courts may be fair (although justice can be bought even in the US of A) but the family was being harassed by police. According to Richard's daughter, it was common to have four or five policemen at the house on many nights.

It seems quite evident to most people, including the DA and the US consulate, that the family was being harassed and intimidated using the Indian justice system as cover.


FIR was filed against the maid's husband for non-cooperation. How many FIRs were filed against the family members of the absconding terrorists or Gundas in India for non-cooperation? AFAIK - zero.

If it is not intimidation what else it is? And none here who has taken offense at the treatment metted out to the consular official will respond.
 
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FIR was filed against the maid's husband for non-cooperation. How many FIRs were filed against the family members of the absconding terrorists or Gundas in India for non-cooperation? AFAIK - zero.

If it is not intimidation what else it is? And none here who has taken offense at the treatment metted out to the consular official will respond.

If claims are to be believed, even the daughter was not spared. She was in police custody.

No wonder the Americans' first priority was to save the family before moving on the diplomat's arrest.
 
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If claims are to be believed, even the daughter was not spared. She was in police custody.

None will say a word against these intimidating tactics from a powerful bureaucratic community which has organized itself well all for their own personal agenda.

According to media reports, as negotiations went on, Sangeeta Richard's husband and child were taken into custody by officials back in India.

'Nannygate' rocks India-US relations - Features - Al Jazeera English
 
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The courts may be fair (although justice can be bought even in the US of A) but the family was being harassed by police. According to Richard's daughter, it was common to have four or five policemen at the house on many nights.

It seems quite evident to most people, including the DA and the US consulate, that the family was being harassed and intimidated using the Indian justice system as cover.

If US can act on some body's allegation, then all of us can file a case in US court and alledges that police is harassing us.. We can get easy visa instead of waiting in the long ques in those embassy..As I told, if police wanted they can ask the family to surrender passport and can arrest them.. None of this has happened..Its foolishness or arrogance that US think they can interfere in Indian judicial procedure and evacuate a man who is under trial.
 
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