Indian diplomat arrested, handcuffed in US for visa fraud

[ladder]

Khobragade was also serving as the acting consul general at the Consulate General of India in New York at the time of her arrest.

@asianobserve you forgot this, at time of arrest she had full immunity and not partial one.

 

[ladder]

Announcing the charges against Khobragade, Bharara said, "Foreign nationals brought to the United States to serve as domestic workers are entitled to the same protections against exploitation as those afforded to United States citizens.

Untrue

Article 47 Exemption from work permits[edit]
1. Members of the consular post shall, with respect to services rendered for the sending State, be exempt from any obligations in regard to work permits imposed by the laws and regulations of the receiving State concerning the employment of foreign labour.
2. Members of the private staff of consular officers and of consular employees shall, if they do not carry on any other gainful occupation in the receiving State, be exempt from the obligations referred to in paragraph 1 of this Article.

Vienna Convention on Consular Relations - Wikisource, the free online library
@asianobserve your views please

 

[ladder]

Freeman ordered that Khobragade cannot leave the country but can travel within the US only if she gives advance notification of her travels.

Indian diplomat arrested in US for visa fraud, govt 'concerned' - Hindustan Times

Article 34 Freedom of movement[edit]
Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure freedom of movement and travel in its territory to all members of the consular post.

Vienna Convention on Consular Relations - Wikisource, the free online library

@asianobserve Sir, your views please.

 

[asianobserve]

ha ha, fine but there had been 3 such incidents where maids/personal employee have complained against India council officers. I don't find the response being same.

Most probably precisely because there has been so much complain already of domestic help abuse against Indian diplomats i the American authorities was compelled to act this time.

Btw, haven't answered my questions and about article 47 quoted in post 37

I'm sorry this part did not load for some reason. Now I saw it.

Reading from your quote it is clear in Art. 43 of the Vienna Convention on Consular Relations that diplomatic immunity only applies to official acts: "1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions."

With respect to Art. 47, do note that there is no requirement in the US for a work permit before diplomats can bring in their domestic helpers there. The crux of the matter here is not work permit but falsification of American VISA document for the domestic helper and gross underpayment of the latter.

 

[ladder]

Most probably precisely because there has been so much complain already of domestic help abuse against Indian diplomats i the American authorities was compelled to act this time.



I'm sorry this part did not load for some reason. Now I saw it.

Reading from your quote it is clear in Art. 43 of the Vienna Convention on Consular Relations that diplomatic immunity only applies to official acts: "1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions."

With respect to Art. 47, do note that there is no requirement in the US for a work permit before diplomats can bring in their domestic helpers there. The crux of the matter here is not work permit but falsification of American VISA document for the domestic helper and gross underpayment of the latter.

Then, it is even clearer that law doesn't apply to her.

 

[ladder]

Most probably precisely because there has been so much complain already of domestic help abuse against Indian diplomats i the American authorities was compelled to act this time.



I'm sorry this part did not load for some reason. Now I saw it.

Reading from your quote it is clear in Art. 43 of the Vienna Convention on Consular Relations that diplomatic immunity only applies to official acts: "1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions."

With respect to Art. 47, do note that there is no requirement in the US for a work permit before diplomats can bring in their domestic helpers there. The crux of the matter here is not work permit but falsification of American VISA document for the domestic helper and gross underpayment of the latter.

Article 5 Consular functions
(m) performing any other functions entrusted to a consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or to which no objection is taken by the receiving State or which are referred to in the international agreements in force between the sending State and the receiving State.

Tell me now how bringing an domestic help is not part of consular function.
@asianobserve your views please.

Even under this guideline espionage can be carried out( which is actually the case) and you object to bring in domestic maid, where it is already written that she is not bound by laws of receiving state.

Bottom line is USA has shot themselves in the foot. They can only win by being adamant and with utter disregard to international laws.

This has happened before take a look (you might have missed)
http://defenceforumindia.com/forum/...ed-handcuffed-us-visa-fraud-2.html#post826634

 

[asianobserve]

Indian diplomat arrested in US for visa fraud, govt 'concerned' - Hindustan Times



Vienna Convention on Consular Relations - Wikisource, the free online library

@asianobserve Sir, your views please.

Well as explained above Ms. Khobragade has only limited immunity (immune only as to acts performed by her in her official capacity as Deputy Consul General) and the acts complained against her does not constitute "officials acts." Now since the acts complained of against Ms. Khobragade are not official acts then the Court can take cognizance of the criminal charge against her. And once Ms. Khobragade came under the jurisdiction of the Court the latter can institute measures that would prevent the former from escaping this jurisdiction.

 

[ladder]

Well as explained above Ms. Khobragade has only limited immunity (immune only as to acts performed by her in her official capacity as Deputy Consul General) and the acts complained against her does not constitute "officials acts." Now since the acts complained of against Ms. Khobragade are not official acts then the Court can take cognizance of the criminal charge against her. And once Ms. Khobragade came under the jurisdiction of the Court the latter can institute measures that would prevent the former from escaping this jurisdiction.

Take a look at post no-46 and post no.41

 

[asianobserve]

@asianobserve you forgot this, at time of arrest she had full immunity and not partial one.

I quoted for you Par. 4 of the Complaint. It clearly states there that she only has limited immunity which is logical since she is merely a Deputy Consul. It would be different if it is the Consul General of the Indian Consulate in New York that is being charged for criminal acts.

 

[ladder]

I quoted for you Par. 4 of the Complaint. It clearly states there that she only has limited immunity which is logical since she is merely a Deputy Consul. It would be different if it is the Consul General of the Indian Consulate in New York that is being charged for criminal acts.

Para 4 of the complaint is only a complaint a claim by investigative authority It's not judgement. Hope you understand.
And it has been contested now and her immunity papers submitted.

Also, if you have read the complaint, it references open websites for majority part.

Not, only that I have provided you with gaps in the both the charge and the procedure.

For, you have only, brought out that she was not acting under her official capacity, for which I have also quoted you the clause.

Mere, admission by court is no means proves that court has jurisdiction over her and that is what we are discussing, I must state it explicitly, if you fail to understand.

Also, official capacity is defined by the sender state and not the host state. Which only has right to object. Which it has not done in this case.

 

[jackprince]

The limited immunity thingy is getting boring.

To a layman like me these come to the mind:
1) The US Law Enforcement people are too full of themselves, and too stupid to be careful while dealing with diplomacy.
2) The Judge is a moron.
3) They don't have respect for other nation's law: The Delhi High Court should have more authority in this particular case, when the both are nationals of India and one is a diplomat?
4) The image of India is of a pussy. Nobody cares, and every body kicks when chance presents itself. Only in the mind of a few delusional netizens, is the Superpower India resides.
5) There are few members in the forum, who doesn't understand the simple thing that not a single diplomat with his/her salary can afford to have maid with payment of minimum wage of USA. $3.11/hr. is a huge sum in India when that maid comes back. Unless the maid is living accommodation is by herself, not with the diplomat's, it is reasonable one. It is a pragmatic look, may not be legal one. She knew going into the job, what her salary would be.
6) What any nation with enough backbone should do is throw some of their guys in jail, for some stupid charges, and see the game.
7) I would have understaood if the charges were for some serious felony or crime, but this kind of thing is insulting!

 

[Ray]

A diplomat should not be handcuffed and proceeded against as if the person is a common person.

She should have been declared persona non grata, if she has broken any law.

This is the second time it has happened.

But this spineless govt will do nothing but accept the heaping of insults on us.

Are American diplomats all that 'clean'?

It is time to handcuff some of them and frog march them to the Indian police chowki and taught a lesson as to what is the way to treat a diplomat.

 

[Free Karma]

You know the most worrying part of this? Is that the comments section in the links of e-papers provided (like HT,ToI) are lauding these actions and are happy that the "diplomat has been brought to justice" .Even people within dont respect themselves.......

 

[ladder]

You know the most worrying part of this? Is that the comments section in the links of e-papers provided (like HT,ToI) are lauding these actions and are happy that the "diplomat has been brought to justice" .Even people within dont respect themselves.......

It's not the case, our people are so fed up with corruption and red tapeism that they have started cheering any seeming action against them, without gauging the details.

 

[dhananjay1]

What with thousands of Mexicans entering US without any documentation, US authorities should take minor visa fraud lightly.

 

[roma]

A diplomat should not be handcuffed and proceeded against as if the person is a common person.
She should have been declared persona non grata, if she has broken any law.
This is the second time it has happened.
But this spineless govt will do nothing but accept the heaping of insults on us.
Are American diplomats all that 'clean'?
It is time to handcuff some of them and frog march them to the Indian police chowki and taught a lesson as to what is the way to treat a diplomat.

Indian diplomats fume over Khorpagde's arrest in US - Hindustan Times

It was also conveyed (to the US) in no uncertain terms that this kind of treatment to one of our diplomats is absolutely unacceptable," said the embassy in a statement.

Khorpagde's colleagues were less diplomatic. "We should prosecute the spouses of US diplomats in New Delhi working in the American school there without valid visas to work in India," said a diplomat.

It could not be immediately confirmed if Americans require work permits to work on what is technically US territory. The American School is on US embassy premises.

"Or should we wait for a Raymond Davis kind of incident," said another diplomat, adding, "We are not Pakistan, and we don't accept blood money."

CIA contractor Davis was arrested in Pakistan in 2012 for killing two people. He was released after a protracted stand by paying off his victims' families.

The US said on Friday it hoped the incident would not have any bearing on the relations with India, but did little else to address India's concerns.
- See more at: Indian diplomats fume over Khorpagde's arrest in US - Hindustan Times

who knows perhaps NaMo might get a chance to solve or "equalise" this matter ?

 

[W.G.Ewald]

I have yet to see a photo of the lady actually in handcuffs.

 

[Blackwater]

What with thousands of Mexicans entering US without any documentation, US authorities should take minor visa fraud lightly.

I told u , it's just sex relation gone wrong between preet bahara and the lady diplomat

 

[mattster]

Congrats to Preet Bharara for making an example of this Indian diplomat.

Most Asian/Arab and (i include Chinese and Indians in this category) treat their maids like slaves and dirt.
They dont respect their human rights, or treat them with any dignity.

I see it everywhere i go in Asia. If there is a case of a maid that is treated fairly and as a member of the family - then it is the rare occassion.

A lot of middle class and upper middle class people in Many Asian countries are spoilt by the low cost of labor and treat their household help like indentured servants.

Then they move to the West and do the same thing...., and it great that they get busted !!
If you are diplomat serving in the US, then your wages or allowance is paid in USD dollars.

So pay your maid US rates - if you are dumb enough to bring a maid from India, and pay her at Indian rates which are considered "slave wages" here - then your dumb Indian diplomatic ASS should be thrown into a US Jail !!

Way to go Preet !!!

PS: Whenever they bust a Wall Street Jew for financial fraud .....they use a Jewish prosecutor. When they bust a Chinaman for stealing technology - they use a Chinese American prosecutor, and when they bust Indians they use Indian American prosecutors. GOTTA LOVE that about the US system.

 

[natarajan]

just reciprocate with arresting us diplomat in same style,am sure we have lots of things on them including spying on india.wait but can a spineless conki do it