Former NYC Indian diplomat Devyani Khobragade today got what can at best be described as a face shaving (no typo) limited victory with a U.S. judge dismissing the January 9, 2014 indictment against her.
Devyani’s win in court today was based essentially on a technicality – the judge accepted her attorney’s argument that she had diplomatic immunity at the time of her indictment on January 9.
The judge also vacated Devyani’s open arrest warrants, bail and bond conditions.
Devyani’s arrest and strip-search on December 12, 2013 on charges of visa fraud and making false statements about wages to be paid to her maid Sangeeta Richard led to a mighty furor in India with Indians behaving as if they themselves were disrobed.
U.S. District Judge Shira Scheindlin today agreed with Devyani’s attorney that since she had already been granted immunity:
the court lacked jurisdiction over her at that time, and at the time the indictment was returned, the motion must be granted….because diplomatic immunity is a jurisdictional bar, it is logical to dismiss proceedings the moment immunity is acquired. Even if Khobragade had no immunity at the time of her arrest and has none now, her acquisition of immunity during the pendency of proceedings mandates dismissal [see p.8 and p.12 of ruling].
Judge Scheindlin did not buy the U.S. government’s argument that the indictment against Devyani must not be dismissed because she did not have diplomatic immunity at the time of her arrest and had no immunity at the present time for non-official acts.
Why Face Shaving
We describe Devyani’s victory in court today as face shaving (and not face-saving) because the woman has already been badly shaven of her dignity and reputation following her arrest, strip-search, bail conditions and ultimate expulsion from the U.S.
Devyani’s expulsion also meant that she had to leave behind her husband (a U.S. citizen) and the couple’s two young children in America.
Also, today’s victory was not a complete one for Devyani since the Damocles sword of future indictment hangs over her head.
Not Full Victory
While dismissing the existing indictment, Judge Scheindlin allowed the U.S. authorities to bring a new indictment against Devyani.
In her ruling, the judge wrote:
However, if the 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.
If a new indictment is not brought against Devyani, she may be able to visit her husband and children in the U.S. as a private citizen without fear of arrest or encountering further legal hassles.
Political Settlement
It’s doubtful a new indictment will be brought against Devyani although the U.S. is keeping its options open.
The sequence of events suggests a political settlement to the Devyani Khobragade case:
January 8, 2014 – Devyani Khobragade gets Diplomatic Immunity (by virtue of her transfer from NYC Indian Consulate to United Nations) at 5:47PM
January 9, 2014 – Devyani indicted by grand jury on visa fraud and false statements charge
January 9, 2014 – Devyani ordered to get out of the U.S. after Government of India declines American officials’ request to waive her immunity
January 9, 2014 – Devyani leaves for India by evening flight
January 9, 2014 – Devyani’s attorney asks for case against her to be dismissed on grounds of diplomatic immunity
Jan-March 2014 – Negotiations between India and U.S. diplomats on Devyani’s legal tangle
Jan-March 2014 – India faces problems on export of generic drugs to the U.S. and continuing trouble over issuance of H1B visas; U.S. keen on selling arms, planes and power equipment to India
March 3-6, 2014 – U.S. Assistant Secretary of State for South and Central Asian Affairs Nisha Biswal visits India to repair ties
March 4-6, 2014 – Nisha Biswal meets Indian officials (including Foreign Secretary Sujatha Singh) who tell her that U.S. must resolve Devyani Khobragade case lest it act as a drag on other issues
March 12, 2014 – U.S. Court dismisses Devyani Khobragade indictment
Related Documents:
Court Document of Devyani Khobragade Indictment Dismissal
Devyani Khobragade Indictment Copy
Who the Heck is Devyani Khobragade?
Face Shaving Partial Victory for Devyani added by SearchIndia.com on
View all posts by SearchIndia.com →
Lucky *%^(^#.
Who says good things don’t happen to bad people ?
Just hope bharara arrests her [deleted because of two reasons 1) Wrong choice of words and 2) No proof offered] ass the minute she sets foot in the US.
SearchIndia.com Responds:
You write: Just hope bharara arrests her [deleted because of two reasons 1) Wrong choice of words and 2) No proof offered] ass the minute she sets foot in the US.
Keep dreaming.
Like you, I too once naively fantasized that Rajiv Gandhi would get arrested over Bofors.
Sweetie, there are no saints in the world. Only savages of different grades! 🙁
No proof?
Dude, she got a multi crore apartment allotted to her which was reserved for kargil war heroes and their widows.
Her dad is a corrupt chootiya who made it happen.
And she’s the corrupt fuddi spawn of that dirty mofo.
What more proof do u want ?
SearchIndia.com Responds:
Case admitted!
Stealing apartments meant for Kargil widows is beyond the pale. 🙁
Off-topic: BTW, I watched the last episode of True Detective on HBO the other day. Was alright but not too great.
I might watch a few of the other episodes since they’re all available On-Demand at HBO.com.
The first episodes a bit of a drag I agree. But the momentum picks up. Trust me on this one.
I warned you it’s not like csi or cm.
The *^*#&^ got re-indicted.
Way to go Uncle Sam!
SearchIndia.com Responds:
Thank You, Sweetie! 🙂
I’m not keeping well and took a nap for a few hours. I woke up and found your comment!
Preet Bharara Crushes Bewakoofiyaan at BO; Re-Indicts Devyani Khobragade in NYC
It is possible the US state department will cut a deal with the District Attorney’s office to let this issue slide.
From their point of view she is a small fish and not worth getting into a shouting match with the Indian Officials.
Preet Bharara gained some mileage out of this but no one else in the US did.
So I think they will quietly silence him on this issue and let her come in as a private individual.
After all there is business to be done with India as well and profits to be made.
SearchIndia.com Responds:
Yes, in the big picture both Devyani and Preet Bharara are minor cogs in big wheels.
In any case, by arresting, stripping and humiliating Devyani Khobragade U.S. has already driven home the unmistakable message – Beneath all their bluster, India/Indians are chutiyas and will take whatever shit we shovel in their faces.
This just in. She got re-indicted!!!
SearchIndia.com Responds:
Thank You for the alert, Sweetie! 🙂
I’m not keeping well and took a nap for a few hours. I woke up and saw your alert!
Preet Bharara Crushes Bewakoofiyaan at BO; Re-Indicts Devyani Khobragade in NYC
Newsflash !! Slave owner re-indicted 🙂
http://news.rediff.com/commentary/2014/mar/15/liveupdates.htm
SearchIndia.com Responds:
Sweetie, Thank You for the alert. 🙂
Preet Bharara Crushes Bewakoofiyaan at BO; Re-Indicts Devyani Khobragade in NYC