Indian diplomat's daughter files $1.5m suit against New York City

Discussion in 'Americas' started by SHASH2K2, May 25, 2011.

  1. SHASH2K2

    SHASH2K2 New Member

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    NEW YORK: An Indian diplomat's daughter is suing New York City's government for $1.5 million for what she claims was a wrongful arrest on the suspicion of sending obscene emails to her teacher in Queens' John Browne High School.

    Krittika Biswas, daughter of the vice counsel at the Indian Consulate in Manhattan, Debashish Biswas, also claims that she was ill-treated in prison.

    Biswas alleged that she was not allowed to use the bathroom for a long-time when she was in custody at the 107th precinct. "Eventually, I had to go in front of everyone," Biswas said, referring to a small toilet that was in the cell occupied by other persons.

    Her lawyer Rajiv Batra said that her more than 24-hour arrest on February 8 was a violation of international law, federal law as well as state and city law. Batra said that neither Debashish Biswas, father of the girl, nor the Consulate General of India, Prabhu Dayal, were informed of the arrest.

    Batra also claimed that Biswas, 18, had diplomatic immunity that prevented her from being arrested. But the Consulate General said that US authorities informed him that the immunity did not extend to family members of the diplomat. "That did not cut any ice," said.

    It later emerged that Biswas did not send the emails and the school authorities eventually allowed her back to the school after the real culprit was found.

    "They based it (the arrest) on basically nothing," Krittika Biswas said, adding that the school did not suspend or arrest the Chinese student who actually sent the emails. "I don't know why he wasn't arrested... the principal pushed for my arrest."

    Biswas said that a cop told her that if she didn't confess, she would have to spend time in prison with prostitutes and persons with HIV. "I was sitting there (school) with handcuffs on," she said.

    The handcuffs, Batra added, were so tight that "they were like a torture device."

    The New York Police Department did not respond to calls and an email seeking a response.

    Batra lashed out at principal Howard Kwait and the teacher Jamie Kim Ross, who was the recipient of the emails. "They did not do the due diligence before getting her arrested," he said. "They were dead wrong."

    Krittika said that she couldn't drink water from a water fountain because it had another person's vomit, and although it was really cold, she could not use the blanket because it was really dirty.

    Dayal said that Krittika deserved compensation from the government. "She has undergone mental torture and physical torture," he said. "This has scarred her mind for the rest of he life.

    Dayal stressed, however, that the incident has no bearing on Indo-US relations. "This is an aberration... a wrongful act of local officials," he said.

    Batra suggested that Mayor Michael Bloomberg give Biswas "a key to the city" to "unruffle some of the ruffled feathers."
     
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  3. amitkriit

    amitkriit Senior Member Senior Member

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    What is our shemale PM gonna do about it? I bet he will hide below his bed and and wet his pants.
     
  4. Blackwater

    Blackwater Veteran Member Veteran Member

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    @ amitkriit

    watch ur mouth. Our prime minister has nothing to do with this. It's the foreign ministry who deals in this. It's shame on u who use this word on our prime minister,

    anyhow ,i very much doubt her version of story. she was not arrested by punjab police. it was NYPD.
     
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  5. Godless-Kafir

    Godless-Kafir DFI Buddha Senior Member

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    The world is a very unfair place, such things happen all the time. I remember one story when a young girl was kidnapped from her decent middle class family and sold as an Prostitute some where. All her teen age years she was raped and held as a prisoner. When she was finally discovered in a brothel they told her she had aids and she died at 27years of age. Where is the justice in any of this?

    Count your stars and thank your blessings for who you are.
     
    Last edited: May 26, 2011
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  6. amitkriit

    amitkriit Senior Member Senior Member

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    Our PM has got something to do with and each and every Indian living in the country and abroad. We know the kind of concern our government shows for citizens if they do not belong to the family of Politicians and big Businessmen. NYPD is not being run by angels, bigotry and racism is deeply embedded into American system, this is not a new phenomenon, even though they try to strongly deny it.
     
    Last edited: May 26, 2011
  7. Singh

    Singh Phat Cat Administrator

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    @Amitkriit

    Totally uncalled for comment. I thought you knew better than to flame and rant. It would be prudent if you take out your frustration with a properly articulated post, a feat which you are thoroughly capable of performing, instead of hating on with the PM.

    It would also be wise to acknowledge that its the American legal system that is at work here and there is nothing that Indian Govt esp the PM can do (or should do).

    We have every reason to be outraged but miscarriage of justice (and racism) does happen and will continue to happen.
     
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  8. pmaitra

    pmaitra Moderator Moderator

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    Diplomatic immunity does not apply to family members: US State Department

    Diplomatic immunity does not apply to family members: US State Department

    PTI | May 26, 2011, 09.37am IST; Times of India

    WASHINGTON: Diplomatic immunity does not apply to family members of consular officers, US State Department has said, a day after the daughter of an Indian diplomat filed a law suit against New York City alleging that she was falsely arrested and suspended for sending obscene emails to teachers at her Queens High School.

    "The Vienna Convention on Consular Affairs provides that consular officers are not liable to arrest or detention pending trial, except in the case of a felony where a court warrant is required. But that provision does not apply to family members," the State Departments spokesman, Mark Toner, told reporters at his daily news conference here yesterday.

    Family members of the diplomats do carry diplomatic passports, he acknowledged but diplomatic immunity does not apply to them, he noted.

    "This is different for consular officers versus those in the embassy. There's different categories," Toner said.

    At a news conference in New York, Krittika Biswas, daughter of the vice counsel at the Indian Consulate in Manhattan, Debashish Biswas, claimed that she was ill-treated in prison.

    Biswas alleged that she was not allowed to use the bathroom for a long-time when she was in custody at the 107th precinct.

    "Eventually, I had to go in front of everyone," Biswas said, referring to a small toilet that was in the cell occupied by other persons.

    Source: Diplomatic immunity does not apply to family members: US State Department - The Times of India
     
  9. amitkriit

    amitkriit Senior Member Senior Member

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    When the "Prince" got arrested at an US airport with more dollars than he could carry, India's Prime Minister(Atal Bihari Vajpayee) intervened immediately and got him released, even though there was a clear violation of law in that case. In this particular case the girl was in US on diplomatic passport, its much more than simple "miscarriage of justice". Truth is that an overpopulated country like India can afford to loose a few citizens here and there. I stand by my first comment, even though it was more like an emotional rant, but I was being honest.

    A few days ago USA was saying that foreign envoys are not exempt from regular checking at the airports, USA's views alone don't matter, like Pakistan's views alone didn't matter in Raymond Davis case. This is a clear case of "Reciprocity", India must respond in kind.
     
    Last edited: May 26, 2011
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  10. Singh

    Singh Phat Cat Administrator

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    Now you are totally obfuscating the issues. Its always advised to keep your emotions in check and facts on the table.

    Mr Rahul Gandhi, Mr SRK, Amb Meera Shankar, Mr. George Fernandes, Pres Kalam, Mr. Puri, Mr Patel incidents and Ms. Biswas, Mr. Anand Jon incidents are not related.

    Mr. Rahul Gandhi was stopped at the airport for carrying ostensibly a very large amount of cash and Ms. Biswas was picked up from her school on a complaint filed by her principal and teacher regarding obscene emails.

    1. What should the PM do if a student of a local school in US is suspected wrongly of writing letters which come under obscenity laws ?

    2. What should the PM do if NYPD failed to do their duty ? Give Ms. Biswas 1.5million $ from the Indian treasury ?

    3. Should the PM hire imbecile, racist teachers and principals who target Americans in local schools ?

    4. Should the PM deliberately screw up our already screwed up legal system so that if an American if by chance gets caught in our system he is confined for more than 24 hours ?

    I mean seriously. What happened here reflects poorly on administration of the city of NY and not on India, or its people or its PM or its Diplomatic corps.
     
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  11. mayfair

    mayfair Elite Member Elite Member

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    NYPD is not a paragon of virtue and have enough skeletons of their own in the cupboard.
     
  12. Ray

    Ray The Chairman Defence Professionals Moderator

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    I think the US administration is a bit too arrogant.

    And they lecture on human rights!

    If NYPD is not a paragon of virtues, then they should admit it so.

    I believe they killed a Negro brutally for no reason and they went scot free!!

    If the school made a complaint, do they arrest without an investigation or establishing a prima facie case?

    What a wonderful legal system!

    Diplomatic niceties does not apply to family members. All know that.

    But Human Decency?

    Where are those Bible thumping Evangelists? What about some Christian compassion?

    In fact, they would not be there. They are the real deep South racists!

    Now, let us get our Crosses soaked in petrol, let them go ablaze and lets lynch a few of these darkies so that our Souls soar heavenwards!

    US is otherwise a great nation. These stupidity adds to their sorrows and then they ask - why does the world hate us.

    They should ponder how many drug addicts of US origin get out of jail because of the US intervention? Should they not also languish as others?
    And what sob stories their paid up media spins of how these poor chaps did not know the rules and all that.
     
    Last edited: May 26, 2011
  13. hit&run

    hit&run Elite Member Elite Member

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    They didn't arrested the real culprit when he was detected by forensic experts. He wasn't even suspended like her. Might be because he was not an Indian? NYPD.....enough said....bunch of organized racists.
     
  14. pmaitra

    pmaitra Moderator Moderator

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    Ray Sir, I totally agree with most of what you said except what I quoted above. I would humbly disagree and state that I live in the South and my experience so far has been extremely pleasant.

    Those cops of NYPD who arrested Krittika were not only incompetent, but also ignorant and a bunch of morons; and I sincerely wish and hope Krittika wins the lawsuit. Said that, we should not be stereotyping. There are plenty of false arrests that happen all over the US, and in majority of the cases they are Americans (whites and well as blacks). I think this time it just happened to be an Indian girl, and thus got reported by Times of India and other news channels. We all know our news channels and that 'diplomatic immunity' thing was a figment of imagination of these very newspapers.
     
  15. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    Majority of NY population is anathemizing city authorities over this issue. They are calling it ever lowest point in Bloomberg administration. Clearly NYPD is at fault. It'll be better of they accept it & DA cuts deal soon enough to save further embarrassment.

    I won't be judging average american over some stupid officials who misuse power. Ordinary americans are showing support for in favor of this little gal.

    NYPD just got itself insulted that too on International stage. Its time Michael, take off that tie & move to florida.
     
  16. S.A.T.A

    S.A.T.A Senior Member Senior Member

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    Ms Biswas certainly didn't enjoy the privileges afforded by diplomatic protocols,however one must ponder over wisdom of hauling the daughter of a senior foreign diplomat for an alleged crime.Its clear that diplomatic niceties,an unwritten diplomatic protocol,observed strictly nevertheless,was not extended to the daughter of the Indian diplomat.

    Diplomatic niceties,when its extended by the host,carries an element of eagerness on behalf of the the host country to be nice to the embassy of foreign state,over and above what is demanded by international protocols.affording of this unwritten protocols is usually the measure of eagerness a host country has in maintaining its relationship with the foreign state,absence of which indicates its indifference.

    The uncivil conduct with the kin of key foreign affairs policy maker indicates that US does not fear affronting India,or elicit a serious retaliation,by occurrence of such incidents,hence there is no need to proactive measures to prevent such incidents.

    If the indian public and its govt does not take umbrage over this incident and if in turn we become apologetic,it would be more shameful than the actual misdemeanor.
     
  17. amitkriit

    amitkriit Senior Member Senior Member

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    It is India which has been insulted. USA has shown once again how much it cares about the ties with India. USA has proven that our masters will go numb and start crawling before pointing a finger over their masters in "the land of opportunities".
     
    Last edited: May 26, 2011
  18. Blackwater

    Blackwater Veteran Member Veteran Member

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    Latest is foreign minister of State Mrs Parneet kaur personally taking care of this matter. What else you need. There are some protocol to follow.
     
  19. amitkriit

    amitkriit Senior Member Senior Member

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    We need to see something more than mere lip service. We need to see our people in "power" growing some backbone, thinking more about Indians than their kids permanently settled in USA or living there on work visas. We need to see India following the basic principle of "Reciprocity" in diplomatic relations. I think our politicians need to start using "Skin lightening and bleaching creams" so easily available in Indian market if the dark skin tone still makes them feel inferior.

    If we cannot respect ourselves nobody else will.
     
  20. pmaitra

    pmaitra Moderator Moderator

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    Guys,

    Please think about a couple of things:
    • It was indeed unfortunate whatever happened to Krittika Biswas. Along with NYPD cops, the school authorities are also to blame.
    • I have high expectations from the US judiciary and I believe Krittika will win her lawsuit.
    • NYPD cops probably realised that they were wrong to arrest her and did not want to repeat the same mistake by arresting the Chinese school student, the real culprit.
    • Krittika was not entitled to diplomatic immunity and NYPD was correct on that.
    • Krittika was entitled to contact her father or mother and NYPD was wrong in that.
    • We Indians stereotype white-majority nations a lot more than reality. A majority of Indians settled in the white-majority nations would rather not return to India and this speaks volumes on how Indians are treated in these countries. If they do return, it is usually economic reason than anything else.
    • Majority of Americans who voted for Barak Obama were white.
    • Majority of Americans who are following the Krittika story have taken her side.

    This is my humble, objective and emotionless evaluation of this issue so far.
     
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  21. amitkriit

    amitkriit Senior Member Senior Member

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    Whether the girl was entitled to diplomatic immunity is open for discussion, USA is free to go by it's version, we are entitled to believe in our version and act according to it. Slave of a King might feel that he enjoys greater status than a sweeper on the street and may wish to be the same in next life, but he might very well be wrong, life is very complicated, happiness takes many forms.

    I was reading reactions of Indians living in Australia after GOI decided to react angrily on the issue of "mistreatment of Indian students" there, these more fortunate Indians were defending "Australian way of life" and blaming "these uncultured Indian students" for inviting unwarranted attention and troubles upon themselves and bringing "shame" to the whole Indian community living in Australia.
     

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