US judge throws out charges against Devyani Khobragade


New York, March 13 (Agencies) : An Indian diplomat whose arrest and strip search spurred an international flap had charges against her dismissed by a federal judge on Wednesday.

The judge's ruling said Devyani Khobragade had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid's pay.

But the ruling left open the possibility prosecutors could bring a new indictment against her, and they "intend to proceed accordingly," said James Margolin, a spokesman for Manhattan US attorney Preet Bharara.

Khobragade's attorney, Daniel Arshack, praised the ruling. "The judge did what the law required, and that is: that a criminal proceeding against an individual with immunity must be dismissed," Arshack said. "She's (Khobragade's) hugely frustrated by what has occurred. She is heartened that the rule of law prevailed."


After being indicted, she complied with a department of state order to leave the US. The Indian government then asked Washington to withdraw a diplomat from the US embassy in New Delhi. The US complied.

A federal prosecutor ventured into the tense relationship between the US and India in December, defending the arrest and strip search of Khobragade when she was held on visa charges and saying she was treated very well, even given coffee and offered food while detained.

US attorney Preet Bharara said Khobragade was afforded courtesies most Americans wouldn't get — such as being allowed to make phone calls for two hours to arrange child care and sort out personal matters — after she was discretely arrested by US department of state agents outside her children's Manhattan school.

Khobragade was arrested on charges she lied on a visa application about how much she paid her housekeeper, an Indian national. Prosecutors said the maid received less than $3 per hour for her work.

Bharara said Khobragade, who had pleaded not guilty, wasn't handcuffed, restrained or arrested in front of her children. And he said that while she was "fully searched" in private by a female deputy marshal, the move was a standard safety practice all defendants undergo.

  

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Comment on this article

  • RDSouza, Shivabagh Mangalore

    Thu, Mar 13 2014

    The court ruling does not apply to the guilt or innocence of Devyani. It merely states that Devyani had diplomatic immunity at the time of indictment. But since she left USA she no longer is immune so Preet can file a new indictment!!!
    And immunity is something she won't be getting till this thing is resolved to the satisfaction of the Manhattan attorney's office.
    The judiciary is independent of both the utive and the legislative part of the government . Bharara is not going to give up till the law is satisfied ! GUILTY OR NOT ?... that is the question. - Diplomatic immunity does not give ethical license to do wrong or indulge in unethical acts and walk away .

    Devyani Khobragade is also under the scanner after the government, it is learnt, found that her two daughters had American passports
    as well as Indian diplomatic passports — a crime under Indian law as it amounts to dual citizenship.
    Government sources said, getting US passports for her daughters indicated Khobragade kept her options open to benefit from the “best of both worlds”. Khobragade’s daughters, aged four and seven, are in New York with their father, an American citizen.

    DisAgree Agree [3] Reply Report Abuse

  • Vincent Rodrigues, Katapadi/Bangalore

    Thu, Mar 13 2014

    Good judgement by the US Judge in favour of Devyani.Hope she is safe and all her problems are over.All the best.Thanq.

    DisAgree [4] Agree [2] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Mar 13 2014

    I have a feeling my friend will also be issued a USA visa on Humanitarian Grounds...

    DisAgree Agree [9] Reply Report Abuse

  • JNB, Bejai

    Thu, Mar 13 2014

    Yes, after Lok Saba election over..

    If he wins??

    DisAgree Agree [2] Reply Report Abuse

  • stan, dubai

    Thu, Mar 13 2014

    Rules are not made for rulers it is common people? Indian politicians, diplomats, lawyers etc twist the laws always in their favor?

    DisAgree Agree [11] Reply Report Abuse

  • Amin bhoja, Patte / Riyadh

    Thu, Mar 13 2014

    It is very funny to see the strictest Law of US is bending somewhat against the Visa Fraud case against Devyani.Uncle Sam is in the mood of softening is rigid standard.Great going anyway!!!.

    DisAgree Agree [9] Reply Report Abuse

  • PEDDU, Mangaluru

    Thu, Mar 13 2014

    THIS IS NOTHING BUT EFFECT OF NAMO - NARENDRA MADI EFFECT - THE LAW CAN BE TWISTED AND TURNED ACCORDING TO THE POLITICAL SITUATION OF ANY COUNTRY !! AND THE USA IS NOT EXCEPTIONAL !!! WITHOUT INDIA USA WILL NOT BREATH !! JAI NAMO

    DisAgree [24] Agree [8] Reply Report Abuse

  • Joseph F. Gonslaves, Bannur, Puttur / Mangalore

    Thu, Mar 13 2014

    Der PEDDU, Mangaluru,

    Modi couldn't do anything for his own VISA to USA and still craving crazily. WHAT HE WILL DO TO THE DIPLOMAT AND WHO WILL LISTEN TO HIM/TO A MURDERER

    DisAgree [3] Agree [19] Reply Report Abuse

  • geoffrey, hat hill

    Thu, Mar 13 2014

    Classic case of how diplomatic immunity can be misused to get away with crime.

    DisAgree [3] Agree [24] Reply Report Abuse


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