Indian diplomat arrested, handcuffed in US for visa fraud

[happy]

The Court has no occasion to decide whether the acts charged in the Indictment constitute "official acts" that would be protected by residual immunity. However, ifthe acts charged in the Indictment were not "performed in the exercise of official functions," then there is currently no bar to a new indictment against Khobragade.31 Khobragade concedes that "[t]he prosecution is clearly legally able to seek a new indictment at this time or at some point in the future now that [she] no longer possesses [] diplomatic status and immunity ....". 32 However, the Government may not proceed on an Indictment obtained when Khobragade was immune from the jurisdiction of the Court.

http://www.nysd.uscourts.gov/cases/show.php?db=special&id=383

I like this part. The game has reached it's interval. Now will both parties go ahead and spar or will PB concede defeat ??

 

[sayareakd]

I like this part. The game has reached it's interval. Now will both parties go ahead and spar or will PB concede defeat ??

they Judge has left open back door for the amricans to get back at us again.

 

[asianobserve]

The ruling only settled one issue: immunity of Khobragade at the time of her indictment. The issue of immunity at the time of the commission of the alleged crime and arrest are left hanging.

 

[sayareakd]

The ruling only settled one issue: immunity of Khobragade at the time of her indictment. The issue of immunity at the time of the commission of the alleged crime and arrest are left hanging.

something is better then nothing................:thumb:

 

[pmaitra]

they Judge has left open back door for the amricans to get back at us again.

Yes, again, this proves one cannot count on the US courts to uphold VCCR.

 

[happy]

they Judge has left open back door for the amricans to get back at us again.

More so it looks like an opportunity to spar for both sides. I would love it actually to go on until the americans concede complete defeat by acknowledging their goof up and offer an unconditional apology including damages.

Until then, we should be relentless in our pursuit for equality and justice.

 

[sayareakd]

More so it looks like an opportunity to spar for both sides. I would love it actually to go on until the americans concede complete defeat by acknowledging their goof up and offer an unconditional apology including damages.

Until then, we should be relentless in our pursuit for equality and justice.

@happy now that court at least at present has decided in our favor if uncle futher get warrant then we will reply in kind for the offences committed in India.

 

[sayareakd]

Yes, again, this proves one cannot count on the US courts to uphold VCCR.

Sir we to can do the same citing similar treatment as International law is based on same treatment.

 

[sam80]

American kangaroo court , Completely manipulated and Influenced decision by racist American Politicians. this is proof of corrupt and Racist American system .

 

[Blackwater]

Dalit ke beti is not so sati savitri. i wonder how many of these work in MEA who dont follow their own laws

Devyani's daughters' dual passports raise a stink, MEA 'unaware'



Devyani Khobragade may find herself in more trouble with both her daughters holding US and Indian passports, something the Indian law doesn't allow.




Devyani's daughters' dual passports raise a stink, MEA 'unaware' - Hindustan Times

 

[Compersion]

Small points:

1. Legal Costs - will GOI ask the judge for costs to be awarded to them since they "won" the motion to dismiss and the reasoning for the judgement. I would not advise it (and focus more on having this silly affair put to bed) but it is there to explore.

2. If DK went to the USA in her personal capacity would she hire and take a domestic help from India. Did she do it only because she went to USA being Deputy Consular and it was a "perk" of the position and was subsidized by GOI.

 

[sayareakd]

another epic from US

"We were surprised by the dismissal of the indictment against former Indian Deputy Consul General Devyani Khobragade," State Department Spokesperson Jen Psaki said, a day after a New York court dismissed the indictment against Khobragade.

Khobragade, whose arrest and strip search soured Indo-US relations, yesterday won dismissal of the case against her with a US judge ruling she had full diplomatic immunity.

The ruling, however, left open the possibility that US prosecutors could bring a new indictment against Khobragade.

George Abraham, Chairman of Indian National Overseas Congress (I) USA, welcomed the decision to dismiss the indictment against Devyani Khobragade.

"Whatever the merit of the case, it has become a major irritant to the US-India relationship and something had to happen to resume normalcy," he said in a statement.

Abraham said Indo-US strategic partnership and relations were too important in the global arena to be frozen due to a row over a visa issue.
(Agencies)

US surprised over dismissal of Devyani's indictment in visa fraud case

If they want to learn law, they can come to us or can outsource the same from us...............

 

[sayareakd]

here another one (without reading the judgement)

But the ruling left open the possibility prosecutors could bring a new indictment against her, and they "intend to proceed accordingly," said James Margolin, a spokesman for Manhattan U.S. Attorney Preet Bharara

US to seek new indictment against Indian diplomat - starherald.com: Nation/World

here is the relevant part of the Judgement

The Court has no occasion to decide whether the acts charged in the
Indictment constitute "official acts" that would be protected by residual immunity.
However, ifthe acts charged in the Indictment were not "performed in the exercise
of official functions," then there is currently no bar to a new indictment against
Khobragade.31 Khobragade concedes that "[t]he prosecution is clearly legally able
to seek a new indictment at this time or at some point in the future now that [she]
no longer possesses [] diplomatic status and immunity ...."32 However, the
Government may not proceed on an Indictment obtained when Khobragade was
immune from the jurisdiction of the Court.

Amicans......................

 

[sam80]

Dalit ke beti is not so sati savitri. i wonder how many of these work in MEA who dont follow their own laws

Devyani's daughters' dual passports raise a stink, MEA 'unaware'



Devyani Khobragade may find herself in more trouble with both her daughters holding US and Indian passports, something the Indian law doesn't allow.




Devyani's daughters' dual passports raise a stink, MEA 'unaware' - Hindustan Times

you think these laws are important ??? or she is exception to broke ? no this is nothing , such news are planted to make India's position weak.

 

[Blackwater]

you think these laws are important ??? or she is exception to broke ? no this is nothing , such news are planted to make India's position weak.

planted??? ohhh than she submitted fake document to get flat in adarsh apartment is also fake

 

[sam80]

planted??? ohhh than she submitted fake document to get flat in adarsh apartment is also fake

what you talking about ? what it has to do with Adarsh ? . It's not big deal . She is no exception.

But this matter has nothing to with current situation , Malicious purpose to divert attention to make feel Indian that "she also has guilt" so "indians have guilt" this not going to work .

 

[sayareakd]

Uncle is land of fools, here is the prime example of it

A US grand jury on Friday indicted diplomat Devyani Khobragade on same criminal charges contained in an earlier indictment dismissed by a New York court just the day before.
Khobragade is charged with visa fraud and making false statements that could together get her a maximum of 15 years in jail if she was every tried and convicted.

Devyani Khobragade re-indicted in US visa fraud case - Hindustan Times

Preet Bharara you should learn law and how to read judgment in India and also bring Amricans to do the same. Here read the judgement again.

The Court has no occasion to decide whether the acts charged in the
Indictment constitute "official acts" that would be protected by residual immunity.
However, ifthe acts charged in the Indictment were not "performed in the exercise
of official functions," then there is currently no bar to a new indictment against
Khobragade.31 Khobragade concedes that "[t]he prosecution is clearly legally able
to seek a new indictment at this time or at some point in the future now that [she]
no longer possesses [] diplomatic status and immunity ...."32 However, the
Government may not proceed on an Indictment obtained when Khobragade was
immune from the jurisdiction of the Court.

 

[ladder]

U.S. prosecutors again indict diplomat Devyani Khobragade

(Reuters) - A grand jury has returned a new indictment against Indian diplomat Devyani Khobragade for visa fraud, two days after a U.S. federal judge dismissed a similar indictment because she had diplomatic immunity.

Khobragade's arrest last December and subsequent strip search drew outrage in India, causing a major diplomatic rift that ended when the United States granted her diplomatic immunity and then requested her departure from the country in January.

U.S. District Judge Shira Scheindlin ruled on Wednesday that Khobragade, who was India's deputy consul-general in New York, had diplomatic immunity when she sought on January 9 to dismiss the indictment, and thus could not be prosecuted for allegedly underpaying her nanny.

A spokesman for the U.S. Attorney in Manhattan said then that the ruling did not bar prosecutors from seeking a new indictment based on the same charges.

(Reporting by Joseph Ax; Editing by Chris Reese)

U.S. prosecutors again indict diplomat Devyani Khobragade | Reuters

=====================

That was quick.Someone is hurt real bad.

 

[roma]

Meanwhile can she not sue the relevant authority be it it NYPD or whatever for her earlier arrest
and make progress with the claim for damages, given the judge's recognition that she indeed had diplomatic immunity ?

The reason i would suggest that she do it now is that it would have significant psychological impact not only on the legal
but also the international diplomatic community and public readership worldwide.
It would remind the international community and perhaps the USA's domestic public as well of the arrogance and stupidity of the first arrest an what a bunch of sore Preet and gang are as that gang proceeds with the second indictment . It could also help indicate some personal or undeclared element in all this

 

[ladder]

Devyani Khobragade in trouble,US issues arrest warrant

An arrest warrant has been issued against Devyani Khobragade as US prosecutors re-indicted her on visa fraud charges and accused the Indian diplomat of "illegally" underpaying and "exploiting" her domestic maid. If found guilty that she could get a maximum of 15 years in jail for visa fraud charges and making false statements...........................................................................

Devyani Khobragade in trouble,US issues arrest warrant