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US court drops charges against Devyani
US Court Drops Charges Against Devyani Khobragade. A US federal court has dismissed the visa fraud charges against Indian diplomat Devyani Khobragade, whose arrest and subsequent strip-search in New York escalated into a full diplomatic row last year.
- Court says she got full diplomatic immunity on Jan 8
- She was formally indicted the next day
- US officials let her leave for India in view of immunity
- But, court allows prosecutors to bring in new charges
- Prosecutors say they intend to proceed against her
New York: A US federal court has dismissed the visa fraud charges against Indian diplomat Devyani Khobragade, whose arrest and subsequent strip-search in New York escalated into a full diplomatic row last year.
US District Judge Shira Scheindlin ruled on Wednesday that no proceeding by the US government could be heard as Khobragade, being a diplomat, was immune from the court's jurisdiction. However, prosecutors are not barred from bringing new charges in future.
Khobragade, an Indian consular official in New York, was arrested and strip-searched by the New York federal authorities on December 8 on charges of visa fraud and irregularities in payments to her maid, Sangeeta Richard.
Judge Sheindlin ruled that the Indian government had subsequently changed her status to one with full immunity and the fact this was done on January 8, a day before she was formally indicted, meant that the indictment was invalid.
Opposing her indictment charges, Khobragade had petitioned that she was "cloaked in diplomatic immunity at the time of her arrest". She was appointed in India's UN mission in New York on January 8.
Scheindlin said that "even if Khobragade had no immunity at the time of her arrest and has none now, her acquisition of immunity during the pendency of proceedings mandates dismissal."
Reacting to the order, Bharara's office said the judge has not barred them from going ahead with a new indictment against Khobragade, who now no longer enjoys diplomatic immunity in the US following her departure to India, and will "proceed accordingly" with any fresh indictment.
Commenting on the possiblity of Khobragade being slapped with further charges, Daniel N Arshack, her attorney, said that it would be an "aggressive and unnecessary act".
Khobragade, who left for India in January, is now posted in India's external affairs ministry in New Delhi.
