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Khobragade’s claim of immunity challenged by US prosecutors
Khobragade’s claim of immunity challenged by US prosecutors, Devyani Khobragade. India-born Preet Bharara is in support of his memorandum opposing 39-year-old Khobragade's motion to dismiss the indictment against her.
- US state dept in a declaration said that Devyani does not presently enjoy immunity from prosecution
- Declaration is part of eight supporting documents that Bharara has submitted in court against Devyani
New York): Indian diplomat Devyani Khobragade does not enjoy immunity from criminal prosecution on charges of visa fraud and making false statements, the US State Department has said in papers submitted before a court here.
The declaration, dated January 29 and signed by Attorney- Advisor in the Office of the Legal Advisor of the Department of State Stephen Kerr, was submitted in court on Friday by Manhattan's federal prosecutor
India-born Preet Bharara is in support of his memorandum opposing 39-year-old Khobragade's motion to dismiss the indictment against her. It concludes that federal authorities were not wrong in arresting and detaining Khobragade on visa fraud charges on December 12 last year since she did not have full diplomatic immunity in her capacity as India's Deputy Consul General.
"The Department of State concludes that Dr Khobragade did not enjoy immunity from arrest or detention at the time of her arrest in this case, and she does not presently enjoy immunity from prosecution for the crimes charged in the indictment," the State Department declaration said. The declaration is part of eight supporting documents that Bharara has submitted in court as proof that Khobragade is not immune from prosecution and that the indictment against her should not be dismissed.
Responding to Bharara's motion, Khobragade's attorney Daniel Arshack told PTI that the "US Attorney is again wrong on the facts and the law". The court will decide these issues, he said.
