News / USA

Indian Diplomat Seeks Dismissal of US Criminal Case

Devyani Khobragade, who served as India’s deputy consul general in New York, leaves Maharastra state house in New Delhi, India, Jan. 11, 2014.
Devyani Khobragade, who served as India’s deputy consul general in New York, leaves Maharastra state house in New Delhi, India, Jan. 11, 2014.
Reuters
A lawyer for Indian diplomat Devyani Khobragade on Tuesday asked a U.S. judge to throw out immigration and employment charges against her that led to a major diplomatic spat between the United States and India.
 
The lawyer, Daniel Arshack, argued that Khobragade's diplomatic status, granted by the State Department last week as part of a deal allowing her to leave the country, gave her absolute immunity from prosecution, even for incidents that allegedly occurred before her accreditation.
 
The U.S. Attorney's office in Manhattan, which indicted Khobragade on Thursday, did not immediately comment on the filing.
 
Khobragade, a U.S.-based consular official, was arrested on Dec. 12 and accused of underpaying her housekeeper. News of her arrest and a subsequent strip search provoked protests in India and strained ties between the two countries.
 
She was accredited as a member of India's mission to the United Nations on Wednesday, one day before she was indicted and asked to leave the country.
 
In his motion on Tuesday, Arshack said the State Department's own guidance for law enforcement agencies states that immunity extends to incidents that occurred prior to the granting of that immunity. Thus, he said, the case against Khobragade is a “nullity” and should be dismissed.
 
If Judge Shira Scheindlin dismisses the indictment, that would presumably permit Khobragade, whose husband and children are U.S. citizens, to travel freely to the United States.
 
Prosecutors had said last week charges would remain pending against Khobragade until such time as she can be brought to court to face them.
 
State Department officials have said they do not believe her immunity is retroactive. In a press briefing on Friday, spokeswoman Jen Psaki said Khobragade would face prosecution if she returned to the United States.
 
“Her accreditation in this case to the U.N. does not remove existing charges,” Psaki said. “In addition, now that she has left the United States, she no longer enjoys immunity.”
 
The case is U.S. v. Khobragade, U.S. District Court for the Southern District of New York, No. 14-cr-00008.

You May Like

Australia-Cambodia Resettlement Agreement Raises Concerns

Agreement calls for Cambodia to accept refugees in return for $35 million in aid and reflects Australia’s harder line approach towards asylum seekers and refugees More

India Looks to Become Arms Supplier Instead of Buyer

US hopes India can become alternative to China for countries looking to buy weapons, but experts question growth potential of Indian arms industry More

Earth Day Concert, Rally Draws Thousands in Washington

President Obama also took up the issue Saturday in his weekly address, saying there 'no greater threat to our planet than climate change' More

This forum has been closed.
Comment Sorting
Comments
     
by: sara from: work
January 14, 2014 6:34 PM
The ONLY person who seems to have won here is the maid Ms.Sangeeta Richard who NOT only got an opportunity to get into the US (something most uneducated Indians can only dream about....courtesy the Indian diplomat), but now can hope to obtain perm. residency too!
Thanks to American government,, maid and her family got free visa to US. Common sense would tell us that maid made all that noise to stay in this country. We know many people all over the world want to come here and waiting for visa, but I have to hand it to the maid for playing the american system . well played. When she was living with Khobragade , she was getting paid salary, her food, insurance, free housing, plane ticket to india and all of that. Calculate all that amount together. This is why, here most of the prisons are over crowded because police accused them for wrongdoings. No wonder government keeps raising the tax to keep these kind of things going. Think about that.


by: Samuel J. from: USA
January 14, 2014 5:50 PM
India has given me proof that it has zero respect for US law and zero respect for the US people.

by: Anonymous
January 14, 2014 4:45 PM
Shame on this diplomat. She thinks US as her third world country, no law is the law.

by: Shankar from: India
January 14, 2014 4:04 PM
Please note that US Diplomats in India pay just Rupees 12000 that is US $ 200/ month to their Indian servants. This shows US's double standards.

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Are Energy Needs Putting Thailand's Natural Beauty at Risk?i
X
Steve Sandford
April 17, 2015 12:50 AM
Thailand's appetite for more electricity has led to the construction of new dams along the Mekong River to the north and new coal plants near the country's famous beaches in the south. A proposed coal plant in a so-called "green zone" has touched off a debate. VOA's Steve Sandford reports.
Video

Video Are Energy Needs Putting Thailand's Natural Beauty at Risk?

Thailand's appetite for more electricity has led to the construction of new dams along the Mekong River to the north and new coal plants near the country's famous beaches in the south. A proposed coal plant in a so-called "green zone" has touched off a debate. VOA's Steve Sandford reports.
Video

Video Overwhelmed by Migrants, Italy Mulls Military Action to Stabilize Libya

Thousands more migrants have arrived on the southern shores of Italy from North Africa in the past two days. Authorities say they expect the total number of arrivals this year to far exceed previous levels, and the government has said military action in Libya might be necessary to stem the flow. VOA's Henry Ridgwell reports.
Video

Video Putin Accuses Kyiv of ‘Cutting Off’ Eastern Ukraine

Russian President Vladimir Putin, in his annual televised call-in program, again denied there were any Russian troops fighting in Ukraine. He also said the West was trying to ‘contain’ Russia with sanctions. Henry Ridgwell reports on reactions to the president’s four-hour TV appearance.
Video

Video Eye Contact Secures Dog's Place in Human Heart

Dogs serve in the military, work with police and assist the disabled, and have been by our side for thousands of years serving as companions and loyal friends. We love them. They love us in return. VOA’s Rosanne Skirble reports on a new study that looks at the bio-chemical bond that cements that human-canine connection.
Video

Video Ukrainian Volunteers Search for Bodies of Missing Soldiers

As the cease-fire becomes more fragile in eastern Ukraine, a team of volunteer body collectors travels to the small village of Savur Mohyla in the what pro-Russian separatists call the Donetsk Peoples Republic - to retrieve bodies of fallen Ukrainian servicemen from rebel-held territories. Adam Bailes traveled with the team and has this report.
Video

Video Xenophobic Violence Sweeps South Africa

South Africa, long a haven for African immigrants, has been experiencing the worst xenophobic violence in years, with at least five people killed and hundreds displaced in recent weeks. From Johannesburg, VOA’s Anita Powell brings us this report.
Video

Video Sierra Leone President Koroma Bemoans Ebola Impact on Economy

In an interview with VOA's Shaka Ssali on Wednesday, President Ernest Koroma said the outbreak undermined his government’s efforts to boost and restructure the economy after years of civil war.
Video

Video Protester Lands Gyrocopter on Capitol Lawn

A 61-year-old mailman from Florida landed a small aircraft on the Capitol lawn in Washington to bring attention to campaign finance reform and what he says is government corruption. Wednesday's incident was one in a string of security breaches on U.S. government property. Zlatica Hoke reports the gyrocopter landing violated a no-fly zone.
Video

Video Apollo 13, NASA's 'Successful Failure,' Remembered

The Apollo 13 mission in 1970 was supposed to be NASA's third manned trip to the moon, but it became much more. On the flight's 45th anniversary, astronauts and flight directors gathered at Chicago's Adler Planetarium to talk about how the aborted mission changed manned spaceflight and continues to influence space exploration today. VOA’s Kane Farabaugh reports.
Video

Video Badly Burned Ukrainian Boy Bravely Fights Back

A 9-year-old Ukrainian boy has returned to his native country after intensive treatment in the United States for life-threatening burns. Volodia Bubela, burned in a house fire almost a year ago, battled back at a Boston hospital, impressing doctors with his bravery. Faith Lapidus narrates this report from VOA's Tetiana Kharchenko.
Video

Video US Maternity Leave Benefits Much Less Than Many Countries

It was almost 20 years ago that representatives of 189 countries met at a UN conference in Beijing and adopted a plan of action to achieve gender equality around the world. Now, two decades later, the University of California Los Angeles World Policy Analysis Center has issued a report examining what the Beijing Platform for Action has achieved. From Los Angeles, Elizabeth Lee has more.
Video

Video Endangered Hawaiian Birds Get Second Chance

Of the world's nearly 9,900 bird species, 13 percent are threatened with extinction, according to BirdLife International. Among them are two Hawaiian honeycreepers - tiny birds that live in the forest canopy, and, as the name implies, survive on nectar from tropical flowers. Scientists at the San Diego Zoo report they have managed to hatch half a dozen of their chicks in captivity, raising hopes that the birds will flutter back from the brink of extinction. VOA’s George Putic reports.
Video

Video Exhibit Brings Renaissance Master Out of the Shadows

The National Gallery of Art in Washington has raised the curtain on one of the most intriguing painters of the High Renaissance. Mostly ignored after his death in the early 1500s, Italian master Piero di Cosimo is now claiming his place alongside the best-known artists of the period. VOA’s Ardita Dunellari reports.
Video

Video Sidemen to Famous Blues Artists Record Their Own CD

Legendary blues singer BB King was briefly hospitalized last week and the 87-year-old “King of the Blues” may not be touring much anymore. But some of the musicians who have played with him and other blues legends have now released their own CD in an attempt to pass the torch to younger fans... and put their own talents out front as well. VOA’s Greg Flakus has followed this project over the past year and filed this report from Houston.
Video

Video Iran-Saudi Rivalry Is Stoking Conflict in Yemen

Iran has proposed a peace plan to end the conflict in Yemen, but the idea has received little support from regional rivals like Saudi Arabia. They accuse Tehran of backing the Houthi rebels, who have forced Yemen’s president to flee to Riyadh, and have taken over swaths of Yemen. As Henry Ridgwell reports for VOA, analysts say the conflict is being fueled by the Sunni-Shia rivalry between the two regional powers.

VOA Blogs