US REFUSES TO BACK OFF OR BUDGE ON INDIAN DIPLOMAT CASE

[Pakistanisage]

Devyani Khobragade case: US refuses to drop charges, India hopes for 'solution'
Edited by Mala Das (with inputs from Agencies) | Updated: December 20, 2013 20:45 IST


New Delhi\Washington: The United States seems to have toughened its stance in the ongoing diplomatic tussle with India over the arrest of diplomat Devyani Khobragade for alleged visa fraud last week. The US State Department today ruled out dropping of what it called the "very serious" allegations against Ms Khobragade. India has demanded for all charges against the diplomat to be dropped and has sought an apology from the US over the matter.
Here are the latest developments:

1. "We take these allegations very seriously. We're not in any way walking back from those allegations or the charges. Again, this is really a law enforcement issue," US State Department spokesperson Marie Harf said today.
   
   
2. Reacting to the US' refusal to withdraw charges against Ms Khobragade, External Affairs Minister Salman Khurshid said that his "duty and entitlement is to be in conversation with my counterpart who is Secretary Kerry. At the lower level, there has been contact between the State Department and the Foreign Secretary."
   
   
3. Mr Khurshid had received a call from US Secretary of State John Kerry, who had voiced "regret" over the handling of Ms Khobragade's arrest. That conversation was followed by two phone calls by State Department No. 3 Wendy Sherman to India's Foreign Secretary Sujatha Singh. Ms Sherman, during the second phone call, reportedly discussed specific steps to deescalate the matter and distanced the US administration from a statement made by US attorney Preet Bharara justifying the diplomat's arrest. (Read: 'Agents even brought her coffee': Preet Bharara's justifies arrest)
   
   
4. While terming the incident surrounding the 39-year-old consular officer's arrest as "hurtful" and "unacceptable", the minister also added that the "valuable" relationship between the two countries had to be kept in mind. "We hope we will find a solution," Mr Khurshid said.
   
   
5. But his colleagues were more forceful, saying that nothing short of a "clear apology" would do. "The US has to understand that the world has changed, times have changed and India has changed," Parliamentary Affairs Minister Kamal Nath said.
   
   
6. India has also rubbished charges by the lawyer of Ms Khobragade's domestic help, Sangeeta Richard, whose allegations led to the diplomat's arrest in New York last week. Speaking to NDTV, Ms Richard's lawyer, Dana Sussman, alleged that her client was not given paid leave and was made to work seven days in a week. "India tried to silence and intimidate my client and her family," Ms Sussman added. (Watch)
   
   
7. Indian officials say they had told the US as early as September that Ms Richard is governed by the laws of India, not America. (Read)
   
   
8. Ms Khobragade, who is now free on bail, was detained over allegations that she paid the domestic help a small fraction of New York's minimum wage and lied about the latter's salary in a visa application. (Read charges against Devyani Khobragade)
   
   
9. After her arrest last week, Ms Khobragade was strip-searched, swabbed for DNA and cavity searched and was then placed in a cell with drug addicts. (Read)
   
   
10. India has informed the United Nations that Ms Khobragade is now a member of the Permanent Mission of India to the UN, which will entitle her to full immunity. But the State Department spokesperson said the immunity sought for her after her transfer is "not retroactive".
    

Story First Published: December 20, 2013 20:07 IST


Devyani Khobragade case: US refuses to drop charges, India hopes for 'solution' | NDTV.com

 

[dbc]

India 'hopes' for a solution? Damn, I was waiting for them to get tough and arrest some US diplomats in India.

 

[cyphercide]

India 'hopes' for a solution? Damn, I was waiting for them to get tough and arrest some US diplomats in India.

Anything is possible at this stage. Do you think that India will let you set a legal precedent in a judicial system where everyone from Manmohan Singh to Sonia Gandhi has a court summons to their honor? Everyone has a price tag they respond to in the end.

Sikh rights violation case: US court issues summons to Manmohan Singh - Times Of India

US court asks Sonia Gandhi to respond to 1984 riots case by January 2 - India - DNA

 

[Pakistanisage]

Anything is possible at this stage. Do you think that India will let you set a legal precedent in a judicial system where everyone from Manmohan Singh to Sonia Gandhi has a court summons to their honor? Everyone has a price tag they respond to in the end.

Sikh rights violation case: US court issues summons to Manmohan Singh - Times Of India

US court asks Sonia Gandhi to respond to 1984 riots case by January 2 - India - DNA

Wow, looks like the US is getting ready to perform " Body Cavity Search " on Manmohanji and Sonia Didi ! This spat is getting worse by the day....

Back on Topic, I think India is going to BACK PEDDLE on this case pretty soon because US refuses to budge and is insisting on trial of Devyani Khobragade.

 

[Dandpatta]

How many MORE THREADS of these kinds are going to be created? There are at least 6 threads on the same issue running on PDF.

Is it that the Moderators of PDF want to see quantity of repetitive threads or quality? Request to merge all these threads has gone on deaf ears and blind eyes I guess.

 

[sincity]

Wow, looks like the US is getting ready to perform " Body Cavity Search " on Manmohanji and Sonia Didi ! This spat is getting worse by the day....

Back on Topic, I think India is going to BACK PEDDLE on this case pretty soon because US refuses to budge and is insisting on trial of Devyani Khobragade.

India played their hand wrong, now everything blew back in India face for grandstanding this case and made this case bigger than what it was.

 

[xuxu1457]

How news paper of China see this?
刘治琳：虐待他国外交官，吃亏的是美国自己_评论_环球网
Abused other country's diplomats at the expense of the United States itself

In this paper, listed the <Vienna Convention on Consular Relations> in 1963, also signed by US, the Article 41, "Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority", clearly, even the Indian lady did as what US police said, it was hardly said as "a grave crime", at max only Violation of U.S. labor law；This paper also pointed out that: if US didn't give other countries Consular officers's diplomatic immunity，US‘s Consular officers would meet same at other's country, such as if one of US‘s Consular officers was a gay, would be put into prison as some other countries law.

Vienna Convention on Consular Relations
Vienna Convention on Consular Relations and Optional Protocols
Article 41

PERSONAL INVIOLABILITY OF CONSULAR OFFICERS

1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

2. Except in the case specified in paragraph 1 of this Article, consular officers shall not be committed to prison or liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.

3. If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this Article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this Article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.

 

[Pakistanisage]

India played their hand wrong, now everything blew back in India face for grandstanding this case and made this case bigger than what it was.

Agreed. Now it is a matter of US Prestige versus Indian Prestige.

Who has the upper hand is anybody's guess...

 

[sincity]

Agreed. Now it is a matter of US Prestige versus Indian Prestige.

Who has the upper hand is anybody's guess...

Ignorant of India to believe their so call power position in the world. Demand an apology when India diplomat in the wrong, demand all charge should be drop and spit on US justice system to appease India.

 

[Pakistanisage]

Ignorant of India to believe their so call power position in the world. Demand an apology when India diplomat in the wrong, demand all charge should be drop and spit on US justice system to appease India.

As you correctly said, India " overplayed " their hand and now they have got themselves in a Pickle.
Between a ROCK and a very Hard Place....

I think it is time to quietly " Put those barriers back in Position" in the wee hours of the night....

 

[Jade]

Agreed. Now it is a matter of US Prestige versus Indian Prestige.

Who has the upper hand is anybody's guess...

What prestige??? People are not dumb. What matters is money. Both countries want things to settle down as soon as possible. I am sure India - US will come to some solution in coming days.

Devyani Khobragade case: US for talks, resolution to 'preserve and protect' ties

Devyani Khobragade case: US for talks, resolution to 'preserve and protect' ties | NDTV.com.

 

[sincity]

As you correctly said, India " overplayed " their hand and now they have got themselves in a Pickle.
Between a ROCK and a very Hard Place....

I think it is time to quietly " Put those barriers back in Position" in the wee hours of the night....

India want to blackmailed the US state department with couple barricade block. Now India need to barricade the whole city for the US embassy still won't help defendant cause in this case.

 

[Pakistanisage]

What prestige??? People are not dumb. What matters is money. Both countries want things to settle down as soon as possible. I am sure India - US will come to some solution in coming days.

Devyani Khobragade case: US for talks, resolution to 'preserve and protect' ties
Devyani Khobragade case: US for talks, resolution to 'preserve and protect' ties | NDTV.com.

Yes, and in practical terms India will have to "Suck it up " and Khobragade will still be tried for lying under oath on the Visa application for the Nanny. This is India's NANNYGATE and it is not GONNA go away...

 

[Jade]

Yes, and in practical terms India will have to "Suck it up " and Khobragade will still be tried for lying under oath on the Visa application for the Nanny. This is India's NANNYGATE and it is not GONNA go away...

Let us see.

 

[Bang Galore]

What's the worst that will happen? The case will remain on record, that's it. If the concerned diplomat goes to the U.S. when she no longer has immunity, a problem would crop up (though a bit of a pickle, her husband is a U.S. citizen, born & raised there & the status of her children remains unknown). Beyond that, nothing.