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US must have known Devyani Khobragade had full immunity: Govt insists

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US must have known Devyani Khobragade had full immunity: Govt - The Times of India

NEW DELHI: With the US not showing any signs of dismissing visa fraud charges against diplomat Devyani Khobragade, the government continues to pile on pressure to extract more than what it described as just a reflection of regret from the Americans.

The government said on Tuesday that it may not have been possible for the US authorities to not know Khobragade's status as adviser to India's permanent mission to the UN when she was arrested on December 12.

As an adviser with UN accreditation till December 31, Khobragade was entitled to full immunity when arrested.

"This was not unknown to the host government in terms of information flow ... let's not blame the victim for the lack of information on the part of those who should have known," said foreign ministry spokesperson Syed Akbaruddin.

Not bothering to check her status with India, and going purely by her entitlements as a deputy consul-general, the US authorities not just arrested but also subjected her to a strip-search.

"This was not unknown to the host government in terms of information flow...let's not blame the victim for the lack of information on the part of those who should have known and (who were) preparing about this (arrest) for a long time," said foreign ministry spokesperson Syed Akbaruddin, adding there are mechanisms in the UN to periodically inform the host country about those accredited to various categories in the UN General Assembly.

"She was a diplomat, is a diplomat and will remain a diplomat," he added. He said Khobragade was never given a chance to explain if she had any additional entitlement which could have prevented her arrest.

The government said it was not willing to go by stray voices in the US about the outcome of the case and that it would wait to hear from the state department which has said it is looking into Khobragade's full immunity claim in her status as adviser to India's permanent mission to the UN.

After her arrest, Khobragade was transferred to the same mission as counsellor. While she has already received UN accreditation, an official acknowledgement is awaited from the US that will ensure full immunity for her. As per state department's own guidelines, this immunity will preclude any court jurisdiction over the diplomat. However, it also says that this won't be a perpetual benefit which would mean that she would have to face the same charges if she returned to the US in a private capacity. Khobragade's problems have been compounded by the fact that her husband is a US national, one of the reasons why she was posted in that country.

The government on Tuesday also said it was serious about pursuing the issue about the kind of compensation being offered to Indian employees of US Embassy and Consulates. The government is still to receive details of the pay scales of Indian employees. It has already formed a working group to collate and assess all such information from US diplomats.
 

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