Indian Victory: US judge dismisses charges in Devyani Khobragade case

[Supply&Demand]

US judge dismisses charges in Devyani Khobragade case - The Times of India

NEW YORK : An Indian diplomat whose arrest and strip search spurred an international flap had charges against her dismissed by a federal judge on Wednesday.

The judge's ruling said Devyani Khobragade had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid's pay. But the ruling leaves open the possibility prosecutors could bring a new indictment against her.
The US attorney's office in Manhattan didn't immediately comment on its plans.

Khobragade's attorney, Daniel Arshack, praised the ruling.

"The judge did what the law required, and that is: that a criminal proceeding against an individual with immunity must be dismissed," Arshack said. "She's (Khobragade's) hugely frustrated by what has occurred. She is heartened that the rule of law prevailed."

After being indicted, she complied with a department of state order to leave the US. The Indian government then asked Washington to withdraw a diplomat from the US embassy in New Delhi. The US complied.

A federal prosecutor ventured into the tense relationship between the US and India in December, defending the arrest and strip search of Khobragade when she was held on visa charges and saying she was treated very well, even given coffee and offered food while detained.

US attorney Preet Bharara said Khobragade was afford courtesies most Americans wouldn't get — such as being allowed to make phone calls for two hours to arrange child care and sort out personal matters — after she was discretely arrested by US department of state agents outside her children's Manhattan school.

Khobragade was arrested on charges she lied on a visa application about how much she paid her housekeeper, an Indian national. Prosecutors said the maid received less than $3 per hour for her work.


Bharara said Khobragade, who had pleaded not guilty, wasn't handcuffed, restrained or arrested in front of her children. And he said that while she was "fully searched" in private by a female deputy marshal, the move was a standard safety practice all defendants undergo.

 

[wolfschanzze]

Looks like USA want's to be friends with us desperately!
And the recent Usa sending feelers to us that we both can make a lot of business or development etc.
Come this Elections they (USA) have a lot of kissing up and making upto BJP with Mr.Modi in power as Prime Minister of India!
They (usa/europe)play arrogant Card?Let me just say didn't you just see what help you gave to UKRAINE? Crimeaa is part of RUSSIA!
You guys should keep quiet and accept Crimean Accession to Russia.There is nothing you can do about it!
Shanghai cooperation organisation(SCO) is there just like NATO eh? for all those NATO is great etc.

Guys Russia,China and India we need to have more exercises in future.

 

[Robinhood Pandey]

So finally Devyany successfully trolled US of A ?

BTW, now she can go back to america right ?

 

[Supply&Demand]

So finally Devyany successfully trolled US of A ?

BTW, now she can go back to america right ?

Unless USA again gives her diplomatic status..she can still be charged for the same allegations...because the judge only said she cant be tried because she has immunity and no where he talked about the charges on her.. i dont know if double jeopardy rule will apply here if US again tries to bring a case against her if she goes back to USA without immunity..

 

[Chinese-Dragon]

So she did have diplomatic immunity all along.

The US have no one to blame for this episode except themselves.

 

[Ayush]

truth alone triumphs

 

[Thirdfront]

So finally Devyany successfully trolled US of A ?

BTW, now she can go back to america right ?

No, fortunately. Hopefully she will be fired and jailed for breaking Indian laws so blatantly. Secondly,judge only said that when the indictment were given (in US, grand jury has to approve the charges filed by govt, unlike India where govt can file whatever charge it wishes an harass anyone it dislikes) when Devyani had immunity which is against the law. Govt can now seek another indictment as she no longer has that immunity. Judge did not decide whether she had immunity at the time of arrest....

 

[Kloitra]

Judge did not decide whether she had immunity at the time of arrest....

The judge's ruling said Devyani Khobragade had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid's pay.

Doesn't this means that she had immunity even at the time of arrest?

 

[SRP]

Khobragade wins indictment's dismissal

(Reuters) - Devyani Khobragade, charged in New York with visa fraud and making false statements about a domestic worker she employed has won dismissal of a federal indictment, ending a chapter in an dispute that frayed U.S.-Indian diplomatic relations.

Khobragade, who was India's deputy consul-general in New York, had diplomatic immunity when she sought on January 9 to dismiss the indictment, and thus could not be prosecuted, U.S. District Judge Shira Scheindlin in Manhattan ruled on Wednesday.

Prosecutors accused Khobragade of making Sangeeta Richard, her housekeeper and nanny, work 100-hour weeks at a salary of just over $1 an hour, far below the legal minimum U.S. wage of $7.25 an hour.

They argued that the indictment should stand because Khobragade did not have diplomatic immunity either when she was arrested, or now given that she has left the country.

Scheindlin said, however, Khobragade had that immunity on January 9 when the indictment was issued, having the day before been named a counselor to India's mission to the United Nations.

"Even if Khobragade had no immunity at the time of her arrest and has none now, her acquisition of immunity during the pendency of proceedings mandates dismissal." she wrote. "The government may not proceed on an indictment obtained when Khobragade was immune from the jurisdiction of the court," Scheindlin wrote.

She also lifted Khobragade's bail and said open arrest warrants based on the indictment must be thrown out.

Khobragade, 39 at the time of her arrest on December 12, is now working for foreign affairs ministry in Delhi, having left the United States in January, said her U.S. lawyer, Daniel Arshack.

Federal prosecutors have not said whether they will seek a new indictment.

"As the court indicated in its decision, and as Devyani Khobragade has conceded, there is currently no bar to a new indictment against her for her alleged criminal conduct, and we intend to proceed accordingly," said James Margolin, a spokesman for U.S. Attorney Preet Bharara in Manhattan.

The U.S. Department of State was not immediately available for comment.

Khobragade's arrest and a subsequent strip-search provoked an outcry in India, setting off reprisals against U.S. diplomats and the removal of some security barriers near the U.S. embassy there.

It also led to the postponement of trips by U.S. officials and business executives to India, with which the United States was working to strengthen ties.

Some Indians thought the case reflected U.S. arrogance and that its relations with India could be taken for granted.

Arshack welcomed the judge's decision.

"The law requires that any prosecution brought against an individual with diplomatic immunity must be dismissed," he said. "We're pleased and heartened that the rule of law has prevailed."

The case is U.S. v. Khobragade, U.S. District Court, Southern District of New York, No. 14-cr-00008.


Khobragade wins indictment's dismissal| Reuters

 

[Thirdfront]

Doesn't this means that she had immunity even at the time of arrest?

No. Judge did not consider it as a question at all. Atleast, I did not see anything about this in any of the report.

 

[Indo-guy]

Good job India . You stuck to your stand, fought aginst arrogant US administration and got what you wanted ...

 

[Kloitra]

No. Judge did not consider it as a question at all. Atleast, I did not see anything about this in any of the report.

According to the decision, entire case against her is wrong. That includes all the actions regarding the charges. People with immunity cannot be arrested.

 

[Indo-guy]

Doesn't this means that she had immunity even at the time of arrest?

Her diplomatic status was approved on 8'th January and she was indicted on 9'th january .
This does not pertain to her diplomatic ststus as UN advisor at the time of her arrest .

In any case it does not make difference now that the indictment proceedings against her have been quashed .

She can't be arrested now if she returns to US . But i guess US will not issue visa to her which is their prerogrative .

 

[Thirdfront]

According to the decision, entire case against her is wrong. That includes all the actions regarding the charges. People with immunity cannot be arrested.

Judge did not decide whether she had immunity at the time of her arrest. Indictment was obtained days after she was appointed as a diplomat with full immunity. Since she had immunity at the time of indictment, indictment will be invalid. Now, she has not immunity. US can again seek (and get, in all probability) new indictment for same charges. During the trial, it will be decided whether she had immunity when the said incident occurred..

 

[Kloitra]

Her diplomatic status was approved on 8'th January and she was indicted on 9'th january .
This does not pertain to her diplomatic ststus as UN advisor at the time of her arrest .

In any case it does not make difference now that the indictment proceedings against her have been quashed .

She can't be arrested now if she returns to US . But i guess US will not issue visa to her which is their prerogrative .

Ah, than the title is misleading.