Indian diplomat arrested, handcuffed in US for visa fraud

Discussion in 'Americas' started by ladder, Dec 13, 2013.

  1. ladder

    ladder Senior Member Senior Member

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

    Indian diplomat arrested, handcuffed in US for visa fraud - Hindustan Times
     
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  3. Blackwater

    Blackwater Veteran Member Veteran Member

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    Not only her but most of Indians diplomats are corrupt and exploit there servants around the world
     
  4. W.G.Ewald

    W.G.Ewald Defence Professionals/ DFI member of 2 Defence Professionals

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    Women’s-advocate, Indian diplomat paid housekeeper peanuts: Feds - NY Daily News
     
  5. ladder

    ladder Senior Member Senior Member

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    That's not the question, but her being arrested and taken handcuffed.
     
    Last edited: Dec 13, 2013
  6. Blackwater

    Blackwater Veteran Member Veteran Member

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    [​IMG]


    looks like shifaarshi (appointed by favor)
     
  7. Defenceindia2010

    Defenceindia2010 Regular Member

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    She should be recalled and sacked, what is the policy of the Congress Govt on foreign personnel postings. Why are these charactor less individuals representing India. :frusty:
     
  8. Blackwater

    Blackwater Veteran Member Veteran Member

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    most of indian diplomats and their staff i have seen are the most unprofessional and rude .

    to give u 1 example.

    i have seen one of the male staff in kurta pajama(casual one) roaming in Indian embassy visa counter section on working day:pound::pound::pound:
     
  9. jackprince

    jackprince Turning into a frog Senior Member

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    I just don't understand the posters who are riling to get her arrested, sacked and etc etc, completely ignoring the fact the BIg Bad US of A has violated international law by arresting the Diplomat with immunity; and the Judge was so stupid that he/she asked for bail amount?!!!! Doesn't the USA people any longer needs to be educated to hold positions in Law Enforcement or Judiciary??
     
  10. jackprince

    jackprince Turning into a frog Senior Member

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    I think the image of Indian Govt. has become so weak that nobody cares what they do to it anymore.


    Diplomatic immunity - Wikipedia, the free encyclopedia

     
  11. W.G.Ewald

    W.G.Ewald Defence Professionals/ DFI member of 2 Defence Professionals

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    Perhaps not.

     
  12. ladder

    ladder Senior Member Senior Member

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    It isn't as straight forward case of breach of diplomatic immunity only.

    Source :

    Italian marines case: The question of diplomatic impunity | Tehelka.com

    So, there are grey areas.

    But, also this case is also not a simple case of forgery.

    So, to act in a manner as USA has acted, needs to be discussed in detail before we can conclude.

    Also, these matters are more a reflection of the relations between two countries and that takes precedence.
    So, USA, was expected out of country relationship to have informed Indian counterparts before a public showdown.

    As it's India, we might not take any rash action against the US diplomats, but any other country with less friendly relations wouldn't hesitate before fabricating charges.

    As, molestation or rape or assault is always on personal capacity and not while representing a country isn't it?
     
  13. asianobserve

    asianobserve Elite Member Elite Member

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    In the American system they have what is called the separation of the 3 co-equal branches of the government. The Courts there is not under the authority of the US President, which is in-charge of foreign relations.

    Interestingly, this case is more of a showdown of Indians in American Court: the complainant is an Indian, the prosecutor is an Indian (naturalised American) and the defendant is Indian.
     
  14. fallenwarrior

    fallenwarrior Regular Member

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    India summons US ambassador to protest diplomat being handcuffed


    India has summoned US Ambassador Nancy Powell to lodge a strong protest against what it has called the "unacceptable treatment" of its high-ranking diplomat Devyani Khobragade, who was arrested and handcuffed in public in New York on Thursday for an alleged visa fraud.

    "We are shocked and appalled at what the US did. India is forcefully taking up with the US the treatment of the arrested diplomat. It is not acceptable," the foreign ministry said.


    ----------------------------------------------------------------------------------------------------------------------------------------------------
    This is unacceptable.However guilty the diplomat may be the US had no right to arrest and handcuff the alleged diplomat.This is a clear breach of the Vienna Convention on Diplomatic Relations Article 29 which says Diplomats must not be liable to any form of arrest or detention. They are immune from civil or criminal prosecution, though the sending country may waive this right under Article.


    Vienna Convention on Diplomatic Relations - Wikipedia, the free encyclopedia
     
  15. ladder

    ladder Senior Member Senior Member

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    Second things first.
    Showdown of Indians only as in ethnically, as a naturalized US citizen is equivalent to US citizen by birth as far as his/her allegiance is concerned.

    For, the first point
    It's the same system as in India, where legislature has no control over judiciary.
    Conveniently, our judicial system is dead slow, so even a false case against US diplomat will make them languish in India for long time.

    Also, I haven't read US legal system, but their President do have considerable power, to shield against judiciary.
    But, we aren't discussing at that realm.

    A person's diplomatic immunity should be contested first before arresting, and not after.
    If, a court has issued arrest warrant means that, it has taken due cognizance of her diplomatic immunity or
    If, the court isn't aware of her diplomatic status and issued the warrant which seems to be the case ( as mentioned in the article, her immunity papers were submitted in the court after her arrest.) then the executive can't carryout the warrant if she waves/ cites her immunity status at the time of the arrest. And then the police officer can only ask her to volunteer, in which case she can't be handcuffed.

    Also, if it's the former case where, the court has decided to issue the warrant in-spite of her immunity status, then the court must be confident that, immunity isn't applicable in this case. How did the court come to the conclusion when mr. Preet Bharara is arguing it after She has been arrested.

    Also, how can court rule in favor of waiving-off or non-applicability of immunity, with out hearing the defense, on why it can't be done so.

    All, I want to say is whether, immunity is applicable in this case should have been decided before arresting her and not after her being arresting.
    Also, even if a diplomat wants he/she can't waive off the immunity on her by himself/herself, the state has to do it. In this case India.

    So, in the case of whether Immunity is applicable or not, the party should be Indian High commission and not the diplomat himself/herself, which is in this case.

    Technicalities of the case apart, the defense will argue, as what has been mentioned in the article, that she can't be prosecuted in the USA.

    =======================
    As I am not a lawyer or have studied law, I would mention @sayareakd, @A chauhan @arnabmit who can give possible legal angle and point out any deficiencies in my post.
     
    Last edited by a moderator: May 10, 2015
  16. asianobserve

    asianobserve Elite Member Elite Member

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  17. ladder

    ladder Senior Member Senior Member

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    Strauss-Kahn lawyers assert diplomatic immunity in New York civil case - CNN.com


    http://www.nytimes.com/2012/05/02/n...claim-of-diplomatic-immunity-is-rejected.html


    http://edition.cnn.com/2012/03/28/justice/dsk-civil-suit/
     
    Last edited: Dec 13, 2013
  18. Razor

    Razor CIDs from Tamilnadu Senior Member

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    Wait, I have a question, how can Kahn have diplomatic immunity ?
     
  19. ladder

    ladder Senior Member Senior Member

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  20. Razor

    Razor CIDs from Tamilnadu Senior Member

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  21. Free Karma

    Free Karma Senior Member Senior Member

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    Dont think it applies to sporting bodies....maybe there is a list somewhere.

    Otherwise imagine..Sharad Pawar wouldve had diplomatic immunity during his tenure as ICC CEO :lol:
     

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