 "US judge rules Khobragade had diplomatic immunity")
A US court has dismissed the visa fraud charges against Indian diplomat Devyani Khobragade, but the chances of her being posted at the Indian embassy back in the US again remain bleak.
Meanwhile, the diplomatic reciprocity in terms of the actions taken by the government against US diplomats here will remain.
The main reason why Khobragade won dismissal of the federal indictment was that the US authorities recognised the diplomatic immunity she enjoyed at the time the charges were framed. So, dismissal of the visa fraud case on her was more or less expected, sources told Business Standard.
Khobragade is now at the ministry of external affairs (MEA) as Director, Development Partnership Administration. As she does not enjoy the diplomatic immunity anymore, she will not be able to travel to the US freely in a personal capacity. However, though the MEA has taken an internal decision that she will not be posted to the US in the near future, she can be always sent there for professional reasons, if needed, by granting full immunity, officials added.
James Margolin, spokesman for the US Attorney’s Office for the Southern District of New York, where the case was lodged, has warned that further charges can be imposed on Khobragade. Hence, she can face arrest the minute she lands there without any immunity. “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,” Margolin stated.
Besides, she has come under scrutiny now over the issue of dual citizenship for her two daughters. Apparently, both daughters hold a US as well as Indian passport. Her husband, Aakash Singh Rathore, is an American citizen.
Syed Akbaruddin, spokesperson and joint secretary, MEA, said the US court judgment does not consider the merits of the case, including the admissibility of the arrest of Khobragade in December last year. He added the government hopes the matter will progress in consistence with international norms.
Meanwhile, relations between India and the US consulates here continue to be governed by the principle of reciprocity. The US ambassador and other senior American consulate officials continue to be without special airport passes and identity cards. Delhi had taken the airport passes back and the ID cards were replaced with replicas of cards provided to Indian consulate officials in the US. The traffic barriers in front of the US embassy stand withdrawn. The government even expelled a director-equivalent American diplomat, considered instrumental in the action against Khobragade.
DIPLOMAT'S DIARY
Nov 2012: Sangeeta Richard accompanies Devyani Khobragade to New York
Jun 23, 2013: Richard goes missing
Jul 1: A woman claiming to be Richard’s lawyer contacted Khobragade on phone and wanted to negotiate for changing Richard’s visa status from a government visa to a normal visa. Khobragade refused
Jul 15: Sangeeta’s husband, Phillip Richard, filed a petition against Khobragade and the Union of India, alleging Sangeeta was in police custody in New York since July 8 and charged Khobragade of ‘slave labour’ and illegally making his wife sign a ‘second contract’ with far less pay and perks
Dec 12: Khobragade arrested by the Diplomatic Security Service. Bail was posted for $250,000 and she was released on unsecured bonds
Jan 8, 2014: Khobragade obtains US diplomatic G-1 visa to return to India; US asks India to lift her immunity
Jan 9: India refuses to waive her diplomatic immunity status. Khobragade gets indicted and asked to leave US
Jan 10: Khobragade lands in Delhi
March 12: Khobragade wins a dismissal of the federal indictment, freeing her from the visa fraud charges
Meanwhile, the diplomatic reciprocity in terms of the actions taken by the government against US diplomats here will remain.
The main reason why Khobragade won dismissal of the federal indictment was that the US authorities recognised the diplomatic immunity she enjoyed at the time the charges were framed. So, dismissal of the visa fraud case on her was more or less expected, sources told Business Standard.
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Khobragade, 39, was indicted on January 9 by a federal jury on charges of visa fraud and making untrue claims to gain an entry for her housekeeper, Sangeeta Richard. A day before, on January 8, she was appointed a counsellor to the Indian mission to the United Nations, granting her full diplomatic immunity. The US had asked the Indian government to waive her immunity but Delhi had refused.
Khobragade is now at the ministry of external affairs (MEA) as Director, Development Partnership Administration. As she does not enjoy the diplomatic immunity anymore, she will not be able to travel to the US freely in a personal capacity. However, though the MEA has taken an internal decision that she will not be posted to the US in the near future, she can be always sent there for professional reasons, if needed, by granting full immunity, officials added.
James Margolin, spokesman for the US Attorney’s Office for the Southern District of New York, where the case was lodged, has warned that further charges can be imposed on Khobragade. Hence, she can face arrest the minute she lands there without any immunity. “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,” Margolin stated.
Besides, she has come under scrutiny now over the issue of dual citizenship for her two daughters. Apparently, both daughters hold a US as well as Indian passport. Her husband, Aakash Singh Rathore, is an American citizen.
Syed Akbaruddin, spokesperson and joint secretary, MEA, said the US court judgment does not consider the merits of the case, including the admissibility of the arrest of Khobragade in December last year. He added the government hopes the matter will progress in consistence with international norms.
Meanwhile, relations between India and the US consulates here continue to be governed by the principle of reciprocity. The US ambassador and other senior American consulate officials continue to be without special airport passes and identity cards. Delhi had taken the airport passes back and the ID cards were replaced with replicas of cards provided to Indian consulate officials in the US. The traffic barriers in front of the US embassy stand withdrawn. The government even expelled a director-equivalent American diplomat, considered instrumental in the action against Khobragade.
DIPLOMAT'S DIARY
Nov 2012: Sangeeta Richard accompanies Devyani Khobragade to New York
Jun 23, 2013: Richard goes missing
Jul 1: A woman claiming to be Richard’s lawyer contacted Khobragade on phone and wanted to negotiate for changing Richard’s visa status from a government visa to a normal visa. Khobragade refused
Jul 15: Sangeeta’s husband, Phillip Richard, filed a petition against Khobragade and the Union of India, alleging Sangeeta was in police custody in New York since July 8 and charged Khobragade of ‘slave labour’ and illegally making his wife sign a ‘second contract’ with far less pay and perks
Dec 12: Khobragade arrested by the Diplomatic Security Service. Bail was posted for $250,000 and she was released on unsecured bonds
Jan 8, 2014: Khobragade obtains US diplomatic G-1 visa to return to India; US asks India to lift her immunity
Jan 9: India refuses to waive her diplomatic immunity status. Khobragade gets indicted and asked to leave US
Jan 10: Khobragade lands in Delhi
March 12: Khobragade wins a dismissal of the federal indictment, freeing her from the visa fraud charges