Devyani Khobragade case unfolded: Timeline

Timeline on how the Devyani Khobragade case unfolded: 

 

November 2012: Sangeeta Richard accompanies Devyani Khobragade to NY in November-end

June 23, 2013: Richard was found missing. Her husband (Phillip Richard) said he had no idea where she was. A few days earlier, Richard had sought Khobragade’s permission to take up a job outside; which the latter had declined as that is illegal since Richard was an official member of the India Based Domestic Assistant (IBDA) 

June 24: Office of the Foreign Missions (OFM) in NY was informed and request placed to trace her

June 25: On OFM’s advice Khobragade tried to lodge a complaint with at the concerned Police Precinct and trace Richard, but was told that she could not register the complaint since Richard was an adult and such a report could only be lodged by a member of her family. As a result, Phillip Richard was contacted for registering missing person’s report. He refused to cooperate. 

  July 1: A woman claiming to be Richard’s lawyer contacted Khobragade and wanted to negotiate for changing her Richard’s visa status from a government visa to a normal visa. Khobragade refused to negotiate with her on phone and insisted that the caller first identify herself; the caller disconnected the phone call after this.

July 2: New York Police Department (NYPD) was informed of the call and also told about Richard’s intention of not returning to India and demand for money. No action was taken. 

 

Khobragade also filed a written complaint with New Delhi Police against Richard and her husband accusing them of false promise and cheating under section 420 of the Indian Penal Code and asking the police to book them for the offence and recover the official passport of Richard. 

July 5: Khobragade registered a complaint with NYPD for the crime of “aggravated harassment” with respect to the phone call received on July 1 for extortion and blackmail.  No action was taken by NYPD.

 

On MEA’s advice, Khobragade filed a FIR in Delhi against the Richard family for “willful deceit and attempt” to cheat to illegally immigrate to the US by wrongful means.  

 

Same day, Michael Phillips, Director (Human Resources), US Embassy in New Delhi was called in by Director (Americas), MEA, and briefed about the situation, the reports filed with the State Department and NYPD and the FIR filed in India against Richard. The US Embassy conveyed its understanding and promised to follow up with the State Department and local authorities.  

July 8: Richard’s passport was revoked by the Consulate and notice for termination of her Personal ID was also given to OFM with effect from June 22, 2013. Technically, Richard was now staying illegally in the US. 

 

On the same day Khobragade was called to “Access Immigration”, an immigration lawyer’s office, to discuss the terms of settlement with Richard. Khobragade accompanied by the Consulate officers met Richard whose demand was for a payment of $10,000, grant of an ordinary Indian passport along with whatever immigration relief was required to stay in the US on that ordinary passport. Consulate officials conveyed that under no circumstance could she remain in the US without legal authorization and that as per her contract with Khobragade, she should return to India, after which the matter could be further investigated. She was also told that any argument over salary or working hours could be settled in the Consulate before her return to India. Richard refused saying that she wanted to remain in the US.

July 15: Phillip Richard filed a Writ Petition against Khobragade and the Union of India alleging that Sangeeta Richard was in police custody in New York since 8 July 2013 and charged Khobragade of ‘slave labour’ and illegally making his wife sign a ‘second contract’ with far less pay and perks. The Union of India was accused of not paying according to the requirements of the local law.   July 19: Richard withdrew his writ petition. It was dismissed by the HC. September 4: The US State Department issued a one-sided letter addressed to the Indian Ambassador, projecting the allegations of Richard which were of “considerable concern” to the State Department and asked the Embassy to investigate the allegations. It also sought a voluntary meeting between Khobragade and the Bureau of Diplomatic Security in the State Department as well as proof of payment of minimum wages from the Embassy. September 10: Joint Secretary (AMS), MEA called US Embassy officials and protested against the tone and content of the letter.

September 20: On MEA’s direction, Khobragade filed for an anticipatory anti-suit injunction in the Delhi High Court so as to prevent filing of any case in the US by Richard and to avoid ensuing litigation in the US. 

 

On the same day, Delhi HC issued an ex-parte ad interim injunction against Richard and her husband restraining them from initiating any legal action or proceedings against Khobragade in any Court/Tribunal/Forum outside India with regard to her employment with the Deputy Consul General. The final hearing in the matter was scheduled for December 13, 2013.

September 21: A reply was sent to the US State Department by Indian Embassy rebutting the allegations and bringing out the facts of the case while highlighting the fact that Richard was seeking a monetary settlement and a US visa, thereby seeking to subvert both Indian and US laws. The letter also emphasized that the matter was an issue between the Indian government and one of its employees and was not subject to US regulation or adjudication. Assistance of the State Department was also sought in locating and repatriating Richard to India. November 19: The Metropolitan Magistrate of South District, New Delhi, issued a non-bailable arrest warrant against Sangeeta Richard.   December 6: The arrest warrant issued by the Delhi Metropolitan court was forwarded to the US State Department and the US Embassy in New Delhi requesting them to instruct the relevant authorities in the US to arrest and repatriate Richard to India through the Consulate in New York, so that due process of law may be prosecuted in India. No action was taken in this regard by the US side.

December 12: Khobragade was arrested by the Diplomatic Security Service (DSS) when she went to drop her daughter to school in New York on the basis of a Second District court warrant for visa fraud. DSS informed Khobragade that she did not have immunity under the Vienna Convention on Consular Relations (VCCR) for this as was a ‘felony charge’ and that both the State Department and the Department of Justice were consulted to ascertain this. Khobragade conveyed that she should not be hand-cuffed and that she was coming voluntarily. After reaching the police station, she was strip searched by a lady officer and was sent to a holding cell where she was kept with two other lady convicts. When she was produced before the judge, she was handcuffed. The authorities claimed that both the strip search and handcuffing were as per their procedure.

 

Bail was posted for $250,000 and she was released on unsecured bonds. Her passport has been retained by the police authorities and she has been asked not to leave the country or seek another travel document. She can travel within the US after notifying the authorities. She has been asked not to be in touch with Richard.

December 13: The next date of hearing has been fixed as January 13, 2014. A pre-trial process has commenced on 16 December 2013 where a urine sample was taken by US authorities for testing for drugs.

 

Same day Foreign Secretary Sujatha Singh summoned US ambassador Nancy Powell where she expressed over the way Khobragade had been humiliated by the US authorities. The MEA spokesperson Syed Akbaruddin also made a statement along these lines. 

December 16: External Affairs Minister Salman Khurshid met the visiting US Congressional delegation and registered strong protest against the arrest of Khobragade and the manner in which it was carried out. Source: Ministry of External Affairs/ Indian Embassy, Washington