Three months after she was arrested and charged with visa fraud before being freed on a bail bond, Indian diplomat Devyani Khobragade's motion to dismiss the government's indictment on the ground of her diplomatic immunity was granted Wednesday by a Federal Judge in Manhattan.
Indian diplomat Devyani Khobragade has been exempted by a United States court from appearing in person for pre-trial processes in the case filed against her on visa fraud charges, her lawyer said on Monday.
Devyani Khobragade's lawyer on Wednesday said the United States authorities goofed up in the investigation and arrest of the Indian diplomat on visa fraud charges as a federal agent made a "serious" mistake in reading the paperwork submitted regarding her maid's salary.
Devyani Khobragade, deputy consul general at the Indian Consulate in New York, who was arrested two weeks ago on changes of allegedly submitting fraudulent documents in support of her maid and babysitter to the US State Department, will have to appear in court on January 13.
India-born US prosecutor Preet Bharara has told a New York judge that his office is opposed to the one-month extension of the deadline for charging Devyani Khobragade in a visa fraud case as sought by her, saying plea discussions can continue even after she is charged.
Indian diplomat Devyani Khobragade's status as a "Special Advisor" to the UN entitled her to diplomatic immunity from prosecution at the time of her arrest last year on visa fraud charges, according to a letter from the United Nations.
Indian diplomat Devyani Khobragade has asked a court in New York to dismiss the indictment against her and terminate any 'open' arrest warrants in the visa fraud case, arguing that she was 'cloaked' in diplomatic immunity and cannot face criminal prosecution in the United States
Whatever action is required as a result of the arrest is being taken at the level of the Indian government, diplomatic sources at the Indian consulate in New York tell Rediff.com's Suman Guha Mozumder.
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.
The United States on Wednesday said employment of domestic workers will now be on agenda for the bilateral talks with India with which it is in conversation to "determine the way forward" in resolving the 14-day-long diplomatic row.
Indian diplomat Devyani Khobragade has requested a court here to extend the deadline for charging her in a visa fraud case, saying the "pressure of the impending" deadline is interfering with the ability of the parties to have meaningful discussions on the issue.
A New York court has refused to grant relief to Indian diplomat Devyani Khobragade on the ground that adjournment of the date when she has to be indicted will not grant her the "relief she seeks" regarding plea negotiations between her and the government to resolve the visa fraud case.
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 New York court.
When diplomat Indian diplomat Devyani Khobragade was indicted by a grand jury on January 9, she had full diplomatic immunity and the proceedings against her should have been dismissed, Daniel N Arshack, her attorney told the court.
Devyani Khobragade, deputy consul general at the Indian consulate in New York, was arrested on charges that she allegedly presented fraudulent documents to the United States State Department in support of a visa application for an Indian national employed as a babysitter and housekeeper at her home in Manhattan.
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