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Payback: India demolishes US embassy barriers after diplomat’s NY arrest
NY Post ^ | 12/17/2013 | By David K. Li and Post Wires

Posted on 12/17/2013 2:02:32 PM PST by RKM

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To: cunning_fish
NYC might be an absolute police state

This was a federal arrest.

I don’t think a case of underpaying a nunny may pass beyond a civil dispute even in Red China.

They also had her on a charge of causing a false visa application to be filed for the nanny (it said she would be paid $4500 per month, when the actual arrangement was 30,000 rupees ($573 at the time)). But you are right. You do not arrest and strip-search diplomats. You expel them. To do otherwise is to expose US diplomats abroad to trumped up prosecution.

101 posted on 12/17/2013 10:56:54 PM PST by cynwoody
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To: cynwoody

>>>I don’t think a case of underpaying a nunny may pass beyond a civil dispute even in Red China.

They also had her on a charge of causing a false visa application to be filed for the nanny (it said she would be paid $4500 per month, when the actual arrangement was 30,000 rupees ($573 at the time)). But you are right. You do not arrest and strip-search diplomats. You expel them. To do otherwise is to expose US diplomats abroad to trumped up prosecution.<<<

Something might be really wrong if one has to lie in a visa application about diplomat stuff’s salary to get her visa. Blame the regulations again. $573 is a huge salary for a trained engineer, let alone a nunny in India, and not even a bank CEO made $4,500 a month just ten years ago there. Anyway, Indian diplomat’s nunny is supposed to live off the household, I have no idea how is her salary a government business.


102 posted on 12/17/2013 11:08:40 PM PST by cunning_fish
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To: BunnySlippers

It’s what American cops are good for.


103 posted on 12/17/2013 11:08:42 PM PST by James C. Bennett (An Australian.)
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To: RKM

This story has been building for a while:

http://www.rediff.com/news/report/diplomats-arrest-trouble-was-brewing-since-june/20131217.htm


104 posted on 12/17/2013 11:20:44 PM PST by cynwoody
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To: RKM
This is escalating into a full-blown diplomatic row. The Indian Prime Minister weighs in =>

______________________________________________________________________

Devyani Khobragade row: Treatment deplorable, says PM; govt vows to bring her back

December 18, 2013

New Delhi: Prime Minister Manmohan Singh today described as "deplorable" the treatment of high-ranking Indian diplomat Devyani Khobragade, who was arrested, strip searched and put in a cell with criminals in the US last week. A furious India retaliated by downgrading the privileges of American diplomats in India.

http://www.ndtv.com/article/cheat-sheet/devyani-khobragade-case-after-india-s-retaliation-us-damage-control-blame-game-460021

105 posted on 12/18/2013 12:52:33 AM PST by Ken H (What happens on the internet, stays on the internet.)
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To: Ken H

Good thing if they won’t start shooting marines guarding US embassy, who might be legally considered an armed combatants from hostile nation, as part of reciprocation.


106 posted on 12/18/2013 2:34:42 AM PST by cunning_fish
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Devyani Khobragade incident

From Wikipedia, the free encyclopedia
(Redirected from Devyani Khobragade)
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Devyani Khobragade
Born Devyani Khobragade
Residence  USANew York, USA.[1]
Nationality  India
Citizenship  India
Occupation Diplomat
Years active 1999-date
Employer Government of India
Organization MEA
Criminal charge Visa fraud
Parents Uttam Khobragade (father)[2]

Devyani Khobragade incident refers to the arrest and aftermath of an Indian diplomat Devyani Khobragade in New York on December 2013 by local police, leading to a major diplomatic standoff between India and the United States.[1][2][3][4] Khobragade was at that time posted as Deputy Consul General in Consulate General of India in New York. She was a 1999-batch IFS officer. After the arrest, on 18 December 2013 she was transferred by the Government of India to the permanent mission in New York, which entitles her to full diplomatic immunity as her former post was claimed by US to be a non-diplomatic in nature.[5]

Arrest[edit]

Khobragade was arrested in New York on 12 December 2013 by local police when she was dropping her daughter off at school. Reportedly, Khobragade was handcuffed; strip searched including cavity search[6][7] and confined with drug addicts and hardened criminals after her detention.[8]

She was charged with visa fraud, making false statements and underpaying Sangeeta Richard, her Indian housekeeper and babysitter. Prosecutors indicated that Khobragade claimed to pay the housekeeper $4,500 per month while actually paying her $3.31 per hour,[9] less than the US minimum wage.[10][11] It should be noted that Khobragade herself is alleged to only make $4,120 a month, though there have been articles in the press alleging a much higher salary of $100,000 a year.[12][13] Manhattan federal prosecutor Preet Bharara issued the order for her arrest,[14] saying "This type of fraud on the United States and exploitation of an individual will not be tolerated."[15] Khobragade was detained for six hours and released on a $250,000 bond after pleading not guilty and surrendering her passport.[1][2][3][4]

Background[edit]

Sangeeta Richard was hired by Devyani Khobragade in November 2012 as a nanny and domestic servant. Sangeeta left Khobragade's employment in June 2013 and hired an American immigration attorney to investigate the alleged visa fraud. Khobragade pursued the matter with the Delhi High Court, which issued an interim injunction against Sangeeta, preventing her from taking legal action outside the Indian judiciary.[16] The Metropolitan Magistrate of the South District Court in New Delhi then issued an arrest warrant for Sangeeta and requested that the US government locate her.[17]

Indian reaction[edit]

India reacted very strongly against the arrest of the diplomat and cited the Vienna Convention on Consular Relations whereby diplomats enjoy immunity. US government officials maintain that they followed "standard procedures". India's Foreign Secretary Sujatha Singh registered a protest with US Ambassador to India Nancy Jo Powell. Powell clarified that immunity from US courts only applies to "acts performed in the exercise of consular functions."[18]

In India, there was nationwide protest and criticism against the United States. Much of criticism centred on the fact that Khobragade was handcuffed in public and allegations that she was subject to a strip search and was made to share a cell with "drug addicts".[19]

Amidst outrage expressed by members in Parliament, India on Wednesday asserted that it will intervene "effectively and specifically" to ensure the return and restoration of dignity of its Deputy Consul General in New York who has been arrested on charges of visa rules violation.

Responding to concerns expressed by members across party lines in both Lok Sabha and Rajya Sabha, external affairs minister Salman Khurshid condemned the US action and said he will not return to the House if he fails in his responsibility to bring back the arrested diplomat Devyani Khobragade.

Spelling out the series of steps initiated to scale down the privileges granted to US diplomats in India, he said there was a "conspiracy" in which Khobragade was "virtually trapped". He said the diplomat is "innocent" and the US action was unwarranted. "It is not illegality that she is accused of, but the illegality she refused to oblige," he said.

Maintaining that the government was not over-reacting by taking a slew of measures against the US, Khurshid said the treatment meted out to Khobragade had "not happened out of blue" and there is a "history" behind it. He asserted that the government is determined and "will intervene effectively and specifically to ensure that dignity of the diplomat is preserved."

Khurshid made suo motu statements in both the Houses after members expressed outrage with demands that a resolution be passed to condemn the US action.

"It is my responsibility. We will bring back the diplomat (arrested in New York) and restore her dignity. If I fail to do it, I will not return to this House," he said in Rajya Sabha.In the Lok Sabha, he said, "First and foremost, our effort is to bring her out of this situation and then we will talk to the US government."

Reactions of Indian government officials[edit]

Subsequent to the event, several top politicians and officials from Indian government refused to meet the US Congressional delegation that was visiting India at that time. These included Home minister, Rahul Gandhi, Narendra Modi and Lok Sabha speaker Meira Kumar.[3][4] The US Congressional delegation included representatives George Holding, Pete Olson, David Schweikert, Rob Woodall and Madeleine Bordallo.[20]

BJP leader Yashwant Sinha called for the arrest of same-sex companions of US diplomats, citing the Supreme Court of India's recent upholding of Section 377 of the Indian Penal Code.[21][22]

Identity cards[edit]

The Indian government asked US consular officers posted in India to return all identity cards.[3][4]

Removal of barricades outside US Embassy[edit]

On 17 December 2013, Delhi Police removed all barricades outside the US Embassy in New Delhi.[23]

Unconditional apology[edit]

India has demanded an unconditional apology from the US government.[23]

Action taken by Indian Govt[edit]

In reaction to Khobragade's arrest, India asked the US government to provide details of the salaries of all domestic help, gardeners and other staff employed by US consulates in India to check for inconsistency or frauds.[23]

To ensure complete diplomatic immunity to Devyani Khobragade, India has shifted her to the permanent New York diplomatic mission, The Indian Express reported. There however is a complication. According to The Indian Express report, Devyani will have to apply for a fresh diplomatic card through the UN Secretariat, which would ultimately go for clearance to the US State Department. India is hopeful that Washington will issue the card and, in doing so, extend full immunity to her. If this process were to go through, sources said, it would ensure that Khobragade would not be subjected to any arrest or custodial interrogation in the future, the report further states.

References[edit]

  1. ^ a b c "US gone overboard". Firstpost World. Retrieved 17 December 2013. 
  2. ^ a b c "Father meets Shinde". Zee News. Retrieved 17 December 2013. 
  3. ^ a b c d "Row deepens". BBC. Retrieved 17 December 2013. 
  4. ^ a b c d "India takes US head on". The Economic Times. Retrieved 17 December 2013. 
  5. ^ India accuses US of immigration fraud, transfers Devyani to permanent mission at UN 18 December 2013
  6. ^ "Devyani Khobragade put through cavity search like criminals by US". Zee News. 18 December 2013. Retrieved 18 December 2013. 
  7. ^ "Indian diplomat Devyani Khobragade put through cavity search like criminals by US". Economic Times. 17 December 2013. Retrieved 18 December 2013. 
  8. ^ "Devyani live: US confirms strip search, calls it ‘procedure'". First Post India. 18 Decemeber 2013. Retrieved 18 December 2013.  Check date values in: |date= (help)
  9. ^ Thomas, Emily (16 December 2013). "Women's Rights Advocate Devyani Khobragade Allegedly Paid Nanny Less Than $4 Per Hour". Huffington Post. 
  10. ^ Burke, Jason (17 December 2013). "India-US row over arrest of diplomat Devyani Khobragade escalates". The Guardian. 
  11. ^ George, Nirmala (17 December 2013). "India-US quarrel over diplomat's arrest worsens". Arab News. 
  12. ^ Sharma, Rajeev (17 December 2013). "The US has gone overboard against Indian diplomat Devyani Khobragade". First Post World. 
  13. ^ "Indian Diplomat Who Supports Women's Rights Arrested For Paying Housekeeper $3.31 Per Hour". Headlines & Global News. Dec 13, 2013. 
  14. ^ Brar, Namrata (17 December 2013). "Indian diplomat arrested in US for alleged visa fraud, handcuffed in public". NDTV.com. 
  15. ^ Brar, Namrata (13 December 2013). "India summons US ambassador to protest diplomat being handcuffed". NDTV.com. 
  16. ^ "Devyani Khobragade - A doctor turned diplomat". IBN Live. 17 December 2013. 
  17. ^ "Indian diplomat Devyani Khobragade arrested in New York for exploiting maid and visa fraud, released on bail of $2,50,000". India Today Online. 13 December 2013. 
  18. ^ Parashar, Sachin (15 December 2013). "India, US fight over Devyani Khobragade's immunity". The Times of India. 
  19. ^ "Devyani Khobragade: India-US diplomat row escalates". BBC News. 17 December 2013. 
  20. ^ Magnier, Mark (17 December 2013). "India snubs U.S. delegation, withdraws security over diplomat's arrest". Los Angeles Times. 
  21. ^ Buncombe, Andrew (17 December 2013). "India-US row over arrest of diplomat Devyani Khobragade in New York escalates". The Independent. 
  22. ^ "Punish US diplomats with same sex companions: Yashwant Sinha". Business Standard. 17 December 2013. 
  23. ^ a b c "India demands apology". Firstpost India. Retrieved 17 December 2013. 
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107 posted on 12/18/2013 5:59:17 AM PST by SunkenCiv (http://www.freerepublic.com/~mestamachine/)
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To: cunning_fish
Historically, in modern times, the US has been very strict in fully applying diplomatic immunity to the full cadre of personnel of all nations.

New Yorkers are quite aware of the privileges of foreign diplomatic staff, and the police authorities have usually only taken action for major crimes by complaint to State, who work out a solution with the government of the offending diplomat. The most serious action, until this incident has been the recall or forced recall of said diplomat home, for disposition according to their law.

It seems the US is abdicating it's leadership in diplomacy and statesmanship, as these procedures are what has been able to bring nations into communication by trust.

108 posted on 12/18/2013 8:30:54 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: RKM

Interestingly, during a BBC live interview yesterday with an Indian representative, that rep actually went on record saying the warm & cordial relations that were built up during Bush’s time and visit have all but vanished in the last few years under Obama! Never seen an Indian diplomat admit it so openly on live TV!


109 posted on 12/18/2013 7:50:49 PM PST by coldphoenix
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To: Godwin1
“Calm down folks. This gal is clearly a well-connected upper class Brahmin who thinks she should be as above the law here as she is in INDIA. She wanted to import a slave and lied about it.”

Hardly. If you really want to read up on the woman’s caste, maybe you should look it up. It's the complete opposite of your assertion.

110 posted on 12/18/2013 10:04:36 PM PST by cold start
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To: exit82; James C. Bennett; Star Traveler

The Indian government is stupid. They need the US more than the US needs them. Pissing off Americans (in power) is the last thing they want to happen. Look what happened in the ‘70s,’80s, and ‘90s. The US will gladly support Jihadists around India. India without the US is toast against the increasing Chinese power.


111 posted on 12/19/2013 6:39:17 PM PST by sagar
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To: sagar

I guess that’s why the US is sending out mea culpa-bearing apologies India’s way.


112 posted on 12/19/2013 6:45:42 PM PST by James C. Bennett (An Australian.)
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To: Godwin1

“This gal is clearly a well-connected upper class Brahmin who thinks she should be as above the law here as she is in INDIA.”

Ironically, she is from the untouchable, lowest, caste (Dalit). But you are right, she is clearly above the law because the (rich and connected) Dalits have become above the law, similar to Jesse Jackson and Al Sharpton blacks.


113 posted on 12/19/2013 6:46:33 PM PST by sagar
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