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Devyani Khobragade, an Indian diplomat who was charged by the US authorities with committing visa fraud and providing false statements in order to gain entry to the US for her maid Sangeeta Richard, has won the dismissal of indictment in the fraud case on Wednesday.
Almost three months after Devyani’s arrest and strip search triggered a diplomatic war between the US and India, a Federal judge dismissed charges against her and ruled that she had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid’s salary.
Delivering the verdict, US District Judge Shira Scheindlin said in her 14-page order that Devyani received full diplomatic immunity at 5:47pm on January 8 after the US State Department approved her accreditation as a counsellor to Indian mission to the UN. And “it is undisputed”. It means when the indictment was returned on January 9, Khobragade had the immunity till her departure from the US for India on January 9 evening. As a result, according to the judge, the prosecutors have no right to proceed with the current indictment.
Scheindlin stressed: “Khobragade’s motion to dismiss the indictment on the ground of diplomatic immunity is granted. Her conditions of bail are terminated and her bond is exonerated. It is ordered that any open arrest warrants based on this indictment must be vacated.” While announcing the closure of the case, the judge also said: “On January 9, immediately following the return of the indictment, Khobragade appeared before the court through her counsel and moved to dismiss the case. Because the court lacked jurisdiction over her at that time and also at the time the indictment was returned, the motion must be granted.”
However, the ‘Times of India’ daily reported on Thursday that the prosecutors could bring a new indictment against Devyani after this ruling. The US Attorney’s Office in Manhattan also made no immediate comments on its future plans regarding the case.
Meanwhile, Daniel Arshack, the Attorney of Devyani, welcomed the ruling, saying: “The judge did what the law required. A criminal proceeding against an individual with immunity must be dismissed. She’s (the diplomat) hugely frustrated by what has occurred. She is heartened that the rule of law prevailed.”
India, too, expressed satisfaction over the Federal judge’s decision, terming the dismissal of visa fraud charges against Devyani as “good as far as it goes”. In New Delhi, a senior External Affairs Ministry official told the local media: “We have seen the judgement related to the indictment of January 9. It is good as far as it goes.” According to the spokesperson, the Indian lawyers will soon “examine the verdict carefully” and after that New Delhi will respond substantially.
Almost three months after Devyani’s arrest and strip search triggered a diplomatic war between the US and India, a Federal judge dismissed charges against her and ruled that she had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid’s salary.
Delivering the verdict, US District Judge Shira Scheindlin said in her 14-page order that Devyani received full diplomatic immunity at 5:47pm on January 8 after the US State Department approved her accreditation as a counsellor to Indian mission to the UN. And “it is undisputed”. It means when the indictment was returned on January 9, Khobragade had the immunity till her departure from the US for India on January 9 evening. As a result, according to the judge, the prosecutors have no right to proceed with the current indictment.
Scheindlin stressed: “Khobragade’s motion to dismiss the indictment on the ground of diplomatic immunity is granted. Her conditions of bail are terminated and her bond is exonerated. It is ordered that any open arrest warrants based on this indictment must be vacated.” While announcing the closure of the case, the judge also said: “On January 9, immediately following the return of the indictment, Khobragade appeared before the court through her counsel and moved to dismiss the case. Because the court lacked jurisdiction over her at that time and also at the time the indictment was returned, the motion must be granted.”
However, the ‘Times of India’ daily reported on Thursday that the prosecutors could bring a new indictment against Devyani after this ruling. The US Attorney’s Office in Manhattan also made no immediate comments on its future plans regarding the case.
Meanwhile, Daniel Arshack, the Attorney of Devyani, welcomed the ruling, saying: “The judge did what the law required. A criminal proceeding against an individual with immunity must be dismissed. She’s (the diplomat) hugely frustrated by what has occurred. She is heartened that the rule of law prevailed.”
India, too, expressed satisfaction over the Federal judge’s decision, terming the dismissal of visa fraud charges against Devyani as “good as far as it goes”. In New Delhi, a senior External Affairs Ministry official told the local media: “We have seen the judgement related to the indictment of January 9. It is good as far as it goes.” According to the spokesperson, the Indian lawyers will soon “examine the verdict carefully” and after that New Delhi will respond substantially.
