Devyani indicted for visa fraud, granted diplomatic immunity


Charges against me are 'false and baseless', says Devyani

Updated

New York, Jan 10 (PTI):
Indian diplomat Devyani Khobragade today asserted that the charges against her in a US court are "false and baseless" and the stand taken by her and the Indian government in the case will be "vindicated".

"The charges against me are false and baseless. I look forward to proving them wrong," Khobragade told PTI as she boarded the plane back to India.

The 39-year-old diplomat also affirmed her determination to ensure that this episode does not leave a lasting imprint on her family, in particular her children who are still in the United States.

Khobragade was today indicted by a US grand jury for visa fraud and allegedly making false statements. The jury held that the charges against her will remain even as she headed back to India after being accorded full diplomatic immunity.

She will have to face trial, if she returns to the US without diplomatic immunity, US Attorney Preet Bharara said.

A 1999-batch IFS officer, Khobragade was arrested on December 12 on charges of making false declarations in a visa application for her maid. She was released on a USD 250,000 bond.

The diplomat was strip searched and held with criminals, triggering a row between the two sides with India retaliating by downgrading privileges of certain category of US diplomats.

"I want to thank my minister, my colleagues in MEA and other ministries and departments, our entire political leadership, our media, and last but not the least all the women and men of our country who stood by me in this terrible situation. The stand that my government and I have taken will be vindicated," she added.



Earlier Report

Devyani indicted for visa fraud, granted diplomatic immunity

New York, Jan 10 (PTI): Senior Indian diplomat Devyani Khobragade was today indicted for visa fraud and making false statements but can leave the US as she has been accorded diplomatic immunity.

The charges against 39-year-old Khobragade will remain and she will have to face trial, if she returns to the US without diplomatic immunity, US Attorney Preet Bharara said in a letter to District Judge Shira Scheindlin.

Bharara said the grand jury has indicted the diplomat on two counts of visa fraud and making false statements in connection with the visa application of her domestic help Sangeeta Richard.

"There will not need to be an arraignment on the Indictment scheduled at this time. We understand that the defendant was very recently accorded diplomatic immunity status," Bharara said in his letter.

"Therefore, the charges will remain pending until such time as she can be brought to Court to face the charges, either through a waiver of immunity or the defendant’s return to the United States in a non-immune status. The time between now and the time that she is able to be brought before the Court is excluded automatically under the Speedy Trial Act, pursuant to Title 18, United States Code, Section 3161(h)(3)(A), which provides for the exclusion of any period of delay resulting from the unavailability of the defendant," he said.

When contacted, Khobragade told PTI, "I will show my immunity to the court. The court will see that I have diplomatic immunity. Only then will I leave the US."

A 1999-batch IFS officer, Khobragade, was arrested on December 12 on charges of making false declarations in a visa application for her maid. She was released on a USD 250,000 bond.

The diplomat was strip searched and held with criminals, triggering a row between the two sides with India retaliating by downgrading privileges of certain category of US diplomats.

"The Government respectfully writes to advise the Court that earlier today, the grand jury voted on and returned the enclosed Indictment charging Devyani Khobragade, the defendant, in two counts with visa fraud and making false statements in violation of Title 18, United States Code, Sections 1546, 1001, and 2," Bharara said.

"In this case, the defendant is unavailable because her 'whereabouts are known but [her] presence for trial cannot be obtained by due diligence or [she] resists appearing at or being returned for trial'," he said.

Bharara made it clear that Khobragade will be prosecuted if she returns to the US without diplomatic immunity.

"We will alert the Court promptly if we learn that the defendant returns to the United States in a non-immune capacity, at which time the Government will proceed to prosecute this case and prove the charges in the Indictment," he added.

After the row broke out, Khobragade was transferred to India's Permanent Mission to the UN. Following her arrest, her passport was kept in court's custody.

  

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Comment on this article

  • Dr S Kamath, Mumbai

    Fri, Jan 10 2014

    Whatever the case be the way Devyani hasbeen treated by the US Police is highly Condemnable .After all she is our Diplomat .She is representing everyone of us in USA .We should condemn with loud voice against the Humiliation

    DisAgree [4] Agree [7] Reply Report Abuse

  • Gopal, Usa/Udupi

    Fri, Jan 10 2014

    Let the govt first prosecute her for adarsh scam.

    DisAgree [5] Agree [12] Reply Report Abuse

  • gregory sequeira, mangalore/Ireland

    Fri, Jan 10 2014

    Devyani, along with Indian government wants to tell the Indians that US is wrong,like all the corrupt things they do in india,and wants the public to believe it. we had enough of you.now face the reality.for Gods sake,the Indian people are not so stupid to know that you are innocent.if you are innocent why didn't you prove it. why are you kicked out of US? Everyone knows,how our minister's and power holding people treat their maids and servants.that's why nobody wants to work as a maid or nanny in india, where in Europe and US this job has the same respect as the other jobs.even the good people won't get a nanny or housekeeper in india, because of people like you.you and the gulf country people are same.you people dont deserve any help.you should do your own cleaning then only you will learn how hard it is to clean your dirt.

    DisAgree [5] Agree [17] Reply Report Abuse

  • S N BANGs, Thannirubhavi

    Fri, Jan 10 2014

    May be you Ms Devyani, thought you are in India Where caste, position and reservation will protect you from the law. In adarsh case ,if it happened in any other country you would be in jail a long time ago.

    DisAgree [2] Agree [16] Reply Report Abuse

  • Thomas Saldanha, Bangalore

    Fri, Jan 10 2014

    Her name (kh)Cobra-gade itself invites enough trouble for her, wish she hadn't used her tribal name or village name in this case. I think US was right in arresting her because she has the right credentials of ill-treating others. We have had enough examples of Indians misusing their powers, and if US has embassy officials have done something similar in New-Delhi, it is because of our own loose governance, and not because of US.

    DisAgree [3] Agree [18] Reply Report Abuse

  • John D'Souza, Udupi

    Fri, Jan 10 2014

    Being a Diplomat, nobody accepts the way they treated you. However, do not say that the charges on you are false and baseless. Because nobody believes you

    DisAgree [1] Agree [21] Reply Report Abuse

  • majid, bangalore

    Fri, Jan 10 2014

    She has brought enough disgrace to Indians abroad its time govt investigate the crores of property held by corrupt father and daughter.so many poor people are suffering in foreign prisons and govt doesn't care and they all awake when a rich one is in trouble even her father was the main suspect in adarsh scam and twisted all the rules to get a job for his daughter in diplomatic position when pupils who scored higher marks than her were sidelined.

    DisAgree [4] Agree [32] Reply Report Abuse

  • Amin Bhoja, Patte / Riyadh

    Fri, Jan 10 2014

    It is a case of a diplomat and her indictment for wrong doings but it surely looks like A case between American and Indian govt.In many cases India a silent observer when there is a Big brother and some of his his nasty attitude towards many VIPs and VVIPs but here it looks India took a strong and mature stand to depend her diplomat and her citizen without bending to America.There is a great proverb 'give respect and take respect' i.e a missing point totally .

    DisAgree [14] Agree [5] Reply Report Abuse

  • Indian, Mangalore

    Fri, Jan 10 2014

    How we can believe Devyani when her name appears in the Adarsh Society scam??????

    DisAgree [2] Agree [29] Reply Report Abuse

  • PEDDU, Mangaluru

    Fri, Jan 10 2014

    SOME CLOWNS ARE HATE USA BECAUSE THEY LOVE THE CRIME !!!

    DisAgree [4] Agree [17] Reply Report Abuse

  • Dev, Mangalore

    Fri, Jan 10 2014

    US Courts are fair only for Fair skinned!
    The maid mis-used a legal avenue to get US Visa for the whole family, Indians are very good in exploiting laws & loopholes.
    When US had cancelled her Visa, how the maid stayed there for nearly 6 months before this case was filed!
    Big Tart Attorney & US State Department Bungled the whole issue, as if the maid is from North Korea or form Iran where she couldn't have Just Legal Recourse.
    Absconders from Indian Legal System are favorites of Big Brother who had Trampled on Human Rights All over the World, including in this case, in the Biggest Under Cover Human Trafficking by providing air fare & shelter for the entire family of the maid!
    God Save America!

    DisAgree [8] Agree [16] Reply Report Abuse

  • Ramakrishna. K. , Mangalore

    Fri, Jan 10 2014

    It seems US authorities doubted her integrity only because she married a Pakistani even though he is now an American Citizen.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Santan Mascarenhas, Kinnigoli/Mumbai

    Fri, Jan 10 2014

    I, as a common man, do not understand why our govt is so much behind this woman, who brought disgrace to our nation.

    Our Govt bent the rules while appointing her. The logic of our govt also is strange. Govt says the maid is governed by Indian law. That means suppose an Indian goes to Saudi Arabia and commits adultery and while he is taken on a Friday to a mosque for beheading, our govt tells Saudis that he is governed by Indian law ?

    She was not having immunity, then, is clear. Now she is transferred to a higher position for immunity and our govt wants immunity with retrospective effect, which America has rejected, which is logical. Our govt says salary paid by American embassies in India
    for some Indian employees is less than minimum US salary. Why should it be ? US knows what it is doing.

    Mr Kobragade is running from pillar to post to save his skin and that of his daughter. He tried to join different political parties for a Rajya Sabha membership to escape from the troubles he himself created. Finally, RPI accepted. RPI being what it is today, is not better than RIP.

    DisAgree [3] Agree [24] Reply Report Abuse

  • touchriverian, india

    Fri, Jan 10 2014

    mascarennes,

    The maid had an official passport. That's why she is to be under Indian law. Secondly, there is a case against her in Indian court before the present case in the USA. So, according to international relations practice, maid should be first tried in indian court.

    DisAgree [5] Agree [3] Reply Report Abuse

  • Vincent Rodrigues, Katapadi/Bangalore

    Fri, Jan 10 2014

    Since the American justice system is fair and equal to all, Deviyani is not exempted for Visa fraud.Nobody can object this because justice is uniform to all.Thanq.

    DisAgree [4] Agree [30] Reply Report Abuse

  • Umar Ahmed Usinakatte, Ullal/Udine

    Fri, Jan 10 2014

    This America is thinking they is ruling the worlds.But they must treat the minorities with respects.Airports in US they is unnecessary troubling the minorities and strip searches, etc..They is jealous of success and talents of minorities so they is doing these things.Our boys and girls is achieved lots in Britain, America and Europes etc so much that this is come to the notice of their authorities so they is unnecessarily troubling.It is not good to tar all peoples with same brush just because of 1 or 2 brothers activities. Recently, when I am returned to Udine from holidays in talangara in Milan malpensa they is harassing me lots and staring my passport half hour and askings me questions about chakkara bazars and other things.In the wests they is feeling we is all the same and luckily this time the Govts is fighting back in devyani cases.We must educate the west peoples about our cultures and ways of life maybe then they is understand our actions.

    DisAgree [37] Agree [6] Reply Report Abuse

  • Mohammad, Mangalore

    Mon, Jan 13 2014

    Your English is terrific bro........ I wonder how did you manage to travel Italy ? I have been there a couple of times and being the same religion as that of you, I have never been ill treated like the way you just described.... Phew !!!!!!!!!!!!!!!!

    DisAgree Agree Reply Report Abuse

  • Tony Fernandes, San Francisco/Udupi

    Fri, Jan 10 2014

    The American justice system is just, fair & equal to all. So accused Ms. Khobragade should give up her diplomatic immunity and defend herself against fellow Indian Citizen Ms. Sangitha Richards and the jury trial should be open to public and to be broadcasted like OJ Simpson trial.

    DisAgree [3] Agree [34] Reply Report Abuse

  • A Mishra, Blore

    Fri, Jan 10 2014

    Pls also bring all the US diplomats all over the world under-paying their household helps and the consulate members in India performing illegal activities to justice....I suppose US won't even look for that. Quite expected. What is this - some 'example' setting?

    DisAgree [24] Agree [8] Reply Report Abuse

  • stan, dubai

    Fri, Jan 10 2014

    Pick pocketer was caught in mumbai police. Pickpocketer asked the Policemen, please confirm me that you are not more corrupt than only you can arrest me. Please allow the Governments to give punishment to the culprits, Don't judge yourselves by supporting culprits.

    DisAgree Agree [8] Reply Report Abuse

  • maxy, kinnigoly/mumbai.

    Fri, Jan 10 2014

    too young to be in so many scams & scandals along her father(rtd, bureaucrat)-as reported.both are figuring in Mumbai `ADARSH SCAM`.CAST & COMMUNITIES RESERVATION ILL EFFECT.

    DisAgree [1] Agree [47] Reply Report Abuse

  • Alwyn, Canada

    Fri, Jan 10 2014

    Put her behind bars shameless souls

    DisAgree [5] Agree [48] Reply Report Abuse


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