Devyani Khobragade cleared of charges by US judgeTop Stories

March 13, 2014 11:28
Devyani Khobragade cleared of charges by US judge},{Devyani Khobragade cleared of charges by US judge

(Image source from: Devyani Khobragade cleared of charges by US judge})

Indian diplomat Devyani Khobragade is now free of indictment after a New York court dismissed criminal charges against her on Wednesday. Judge Shira A. Scheindlin directed the court to close the case against Khobragade under the ground of diplomatic immunity.

The US court also withdrew the arrest warrant against Khobragade, issued in the case. Besides, Khobragade's bail conditions were terminated while exonerating her bond.

However, the court stated that if Devyani's acts were shown as not being performed in the exercise of official functions, then a new indictment can be brought up against her.

Preet Bharara, the US attorney, had charged the mid-level Indian diplomat of visa fraud and making false statements related to her domestic help Sangeeta Richard.

Within hours of indictment on January 9, Devyani Khobragade had left US for India, under the provision of diplomatic immunity. Her family, including husband and two daughters, followed the next month.

On December 12, 2013, Devyani Khobragade was arrested outside her children's school on charges of visa fraud by United States. Khobragade was posted as India's deputy consul general in the Consulate General of India in New York at that time. She was released on bail after few hours.

The arrest followed by allegation of mistreatment of the Indian diplomat by law enforcement officials in US led to huge furore in India followed by a diplomatic tangle between India and the US.

Dispute over Devyani Khobragade's Diplomatic Immunity

The US prosecutors and the Indian side differ over the question of diplomatic immunity provided to Devyani Khobragade that offers complete protection from criminal prosecution.

According to the US prosecutors, when Khobragade was arrested she was posted as deputy consul-general at the Indian consulate in New York that provises consular immunity, meaning immunity to acts done in official functions.

But the Indian contention is that Khobragade was promptly transferred to its permanent mission to the United Nations, in New York, which offered her full diplomatic immunity. However, it was not until January 8 that she got the formal approval.

The very next day Devyani Khobragade was indicted by a grand jury. The US asked India to waive her immunity so that she can be arrested. India refused to comply and Devyani was asked to leave US. She left on January 9.

Khobragade then filed a motion, through her lawyer, asking the court to dismiss criminal charges against her on the grounds of immunity.

And two months afterwards, on Wednesday the US court ruled in her favour dismissing the charges against her.

(Picture Source: s2.djyimg.com)

(AW: Pratima Tigga)

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