Devyani moves US court, seeks dismissal of case

• Devyani refuses to comment on the issue
• ‘She was not guilty of any wrongdoing’

New York: Indian diplomat Devyani Khobragade has moved a federal court here to dismiss the visa fraud case against her, saying there is lack of personal jurisdiction since she had been accorded full diplomatic immunity by the US Department of State.

Khobragade's lawyer Daniel Arshack submitted a four-page "motion seeking dismissal of action for lack of personal jurisdiction" on January 9 with Magistrate Judge Sarah Netburn of the US District Court of the Southern District of New York.

Arshack said in his motion that even as the US Department of State fully credentialed Khobragade as a diplomat assigned to the Permanent Mission of India to the UN, "additionally and unexpectedly, they have required her immediate departure from the US."

"Khobragade hereby moves this court for a dismissal of this prosecution for a lack of personal jurisdiction now that she has been designated as a diplomat and has acquired immunity. "The case should be dismissed without necessity of any further hearing or proceedings because Khobragade as a diplomat is entitled to absolute immunity from criminal prosecution in accordance with Article 31 of the Vienna Convention on Diplomatic Relations," Arshack said. Arshack said that since Khobragade has been given diplomatic status, she has "automatically" been vested with diplomatic immunity from criminal liability in the US while she continues to maintain such diplomatic status. Khobragade refused to comment on the episode involving her. "No comments. I am really thankful for all your support. I cannot make any comment. The government will speak for me. My lawyer will speak for me," she said.

Meanwhile, India insisted that the US should drop the charges of visa fraud against its diplomat Devyani Khobragade, who has returned here after being expelled by the American authorities. Khobragade, who was arrested in New York on December 12 and returned home yesterday, was not guilty of any wrongdoing, External Affairs Minister Salman Khurshid said.

Devyani-maid contractsubmitted to court

Two employment contracts signed between Devyani Khobragade and her maid Sangeeta Richard have been submitted to a court here by US prosecutors as a proof that the Indian diplomat had allegedly made false statements to American authoritiesOne of these exhibits is the employment contract signed between Khobragade and her maid on November 11, 2012 that was submitted with the US Embassy when Richard went for her visa interview. The contract states that under the employment conditions that will apply to Khobragade and Richard "during the period of employment in the US," Richard will be paid USD 9.75 per hour as per "wages at the prevailing or minimum wage rate as required by law, whichever is greater".

Barred from entering US

Expelled Indian diplomat Devyani Khobragade, in effect, has been barred entry into the US, with the State Department 0saying her name would be placed in visa and immigration lookout systems to prevent routine issuance of visa.

Khobragade's departure from the US, State Department spokesperson Jen Psaki said, does not change the charges against the 39-year-old diplomat. "Her name would be placed in vis and immigration lookout systems to prevent the routine issuance of any future visa and upon her departure a warrant may be issued for her arrest," she said. From the comments made by the State Department spokesperson, it is clear that Khobragade is being virtually treated as a 'persona non grata' and may be permitted to visit the US only to subject herself to the jurisdiction of court.