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Maid’s family ‘evacuated’ to US: Bharara

India tears into Bharara for defending action against diplomat

India today hit back at US Attorney Preet Bharara, who had justified Indian diplomat Devyani Khobragade's arrest, accusing him of interfering with the Indian legal system and asserting that the arrest was not in keeping with the Vienna Convention on diplomatic immunity.

Criticising the US Prosecutor for making statement for "post facto rationalization" for an action that should never have taken place in the first instance, External Affairs Ministry Spokesperson said there were no courtesies extended to Khobragade, who is the only "victim" in this case.

He said despite acknowledging that legal process were in place in India, the statement talks why it was necessary to evacuate the family of absconding maid Sangeeta Richard, thereby, making "implicit comment" about the Indian legal system, its enforcement authorities, and the responsibility that legal officials of a foreign government seem to "arrogate upon" themselves with regard to nationals of another country.

"We need to keep in mind the simple fact that there is only one victim in this case. That victim is Devyani Khobragade - a serving Indian diplomat on mission in the United States.

"The action taken against her was not in keeping with the Vienna Convention. There were no courtesies in the treatment that was meted out to the diplomat, under the normal definition of that word in English language," he said.

Observing that the statement includes remarks about equality before the law of both the rich and the poor, the Spokesperson said, "Not only is this a rhetorical remark that is not conducive to resolving 'inaccuracies', it is also not a feature of the law that is exclusive to the office of the Manhattan US Attorney."

In a statement in the US, the India-born Bharara not only defended the action against Khobragade but also said that maid Sangeeta Richard's family has been brought to the US. He said a legal process was started in India to "silence her and attempts were made to compel her to return to India".

Reacting to this, MEA said, "The statement in question acknowledges that legal processes were in place in India. Yet, incredibly, it invites speculation about why it was necessary to evacuate the family of Ms Richards and about the action purportedly being taken against them.
"The implication of this remarkable admission needs to be considered very carefully with regard to the implicit comment it makes about the Indian legal system, Indian law enforcement authorities, and the responsibility that legal officials of a foreign government seem to arrogate upon themselves with regard to the nationals of another country."

A 1999-batch IFS officer, Khobragade was arrested on December 12 on visa fraud charges as she was dropping her daughter to school and released on a USD 250,000 bond only after pleading not guilty in court.

The ill-treatment of the its diplomat evoked a sharp reaction from India which initiated a slew of steps to downgrade the privileges enjoyed by the US diplomats and their families including withdrawing airport passes and stopping import clearances.

India tears into Bharara for defending action against diplomat | Business Standard
 
It's actually a most extraordinary statement where he actually confesses to actions meant to derail the judicial system in India. His wild allegations about the judiciary & the police all colluding with the diplomat will go over very well with the notoriously prickly Indian courts, I suppose....:lol: This guy a hot shot lawyer ??
The foreign office were probably beside themselves in shock & then glee when they saw this statement, I would guess.

You know; the problem is that DAs in USA (the quivalent of Public Prosecutors in India) are Political Appointees.
So they are High on Politics and much Lower in the niceties of Jurisprudence.
Unlike in the UK or even in India where PPs are appointed on strictly Legal Qualifications, no PP will commit the mistakes that Bharara can make. Most of all; under the Indian Legal System the PPs (and all lawyers for that matter) are "Officers of the Court", so their behaviour is seriously circumscribed by what the Courts consider correct and proper under the principles of Jurisprudence. Little scope for Political Grandstanding in consequence therefore.

Lets see what happens further; esp if PILs get filed. We know how the Supreme Court twisted everybodys tail in the matter of the Italian Marines including the Italian Ambassador and the Italian Govt.
 
Now Indians realize how annoying the Americans are.

Indians should really cheer for China to be equals to US for we are the closest, and other than the Indian themselves, the only other country.

A solo American super power is more dangerous than anything we have done or will do.

That right my friend.India will not trust US.We have our own experience from 1970's.But India and China is here for about 5000 years and we have co-operation between us for about 5000 years.
When some trolls insult us in this we respond.But we like Chinese.
 
@Capt.Popeye @Bang Galore, seems like Preet Bharera just given us plenty of much needed ammuniton!!

Being the gung-ho "Cowboy" that he is; in the typical American mold; Bharara certainly has!!
His commentary on the Indian Social System is one thing, while his comments on the Indian Judicial System is something else. Even more so; since it impacts a matter that is already under the scrutiny of the Indian Judicial System in a matter which is already sub-judice.

The Legal Tangle will get more complicated than the most convoluted 'spiders-web' now. All because of some stupid Colonial and Imperialistic Arrogance in USA. We are likely to hear much more about this too. Including from the Indian Courts now.

Ah, John Wayne and his cohorts of swash-buckling Sheriffs died long ago; but their children still survive............:-)
 
Mate - there is an outrage on the cavity search. My take is simple - US marshals have certain procedures to follow and they followed it. The system more or less works well and is the same for everyone. Why it should be bent for one person?

A cavity search is still technically rape and by design the police procedure is designed to humiliate the person into submission. The problem here is that an Indian consular staff was subjected to it and it will be seen as a gesture designed to humiliate the country. This incident could have been avoided if the authorities has displayed more tact.
The prosecutor now seems to have now fanned the flames even more by insinuating that the judicial system in India is flawed.
 
Bharara is likely making a play for a political role, trying to be a hero.

He is definitely trying for a political role.. Other wise why creating this kind of fuss. A man with common sense would know that instead of public drama like this, he could have asked her to appear in DA's office regarding the issue.. He aimed for glory and he got it..
 
Man, try to understand, don`t compare salary of Indian Maid servant with American maid servant. We do not give our diplomat salary as equal to the American diplomat. That maid hired in India after accepting the terms and condition showed to her but when she reached America, she changed her mind and America wants to take advantage for his benefit.
I dont think America is taking advantage of this agreement made in india ... and any indian employment contract is of no use in USA, any employment contract which is useful in USA is the one made as per USA employment restrictions and basic rights of both employer and employee maintained as per minimum standards defined...

it does not matter who is getting paid what, American diplomat salary or indian diplomat salary, there are minimum employment rules in place for the protection of the rights and associated with inflation as well..
If the Indian consular official can't pay the minimum per hour quoted in the visa, then she should not have the maid servant at her disposal. There are many who earn twice or more(quoting $100,000 per year mentioned in the media) as much as this diplomat here in US, do all the grinding household work themselves. For that matter, the labor is expensive in US, there are certain house fixes done by themselves. Indian official(as well as the maid) clearly violated the visa norms and filed false documents.

Media report says that it was reported that both agreed pay 9+$ per hour to maid. In reality she was paid more.

Consider $575 cash+free accommodation+free food+full insurance coverage + return ticket to India every year + visa processing fee -- total come out to be way above USA minimum pay norms.

Also... I do not find any one paying $4500 / month to any maid in USA, In some states professional struggle to get that much let alone baby sitter.

It's just a case of greed maid brainwashed by few opportunist to earn few browny points at cost of a Indian diplomat.
 
Media report says that it was reported that both agreed pay 9+$ per hour to maid. In reality she was paid more.

Consider $575 cash+free accommodation+free food+full insurance coverage + return ticket to India every year + visa processing fee -- total come out to be way above USA minimum pay norms.

Also... I do not find any one paying $4500 / month to any maid in USA, In some states professional struggle to get that much let alone baby sitter.

It's just a case of greed maid brainwashed by few opportunist to earn few browny points at cost of a Indian diplomat.

you can't compare any state with this state rules she was in.... period
 
you can't compare any state with this state rules she was in.... period

Bottom line she was paid way above USA minimum wage $7.25.
So it's all hot air nothing else, no labor laws were voilated
 
Bottom line she was paid way above USA minimum wage $7.25.
So it's all hot air nothing else, no labor laws were voilated
they are violated , if the contract says ... Free food, free accommodation and traveling then technically now you cant add the costs associated with these things into salary ... as they are classified as Free
Its about the actual $$ she was getting and working beyond working hours agreed in the contract if any....
 

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