Devyani seeks dismissal of visa fraud case in US court

Arshack said the indictment must be dismissed because the immunity bestowed upon Khobragade 'applied retroactively'.

New York | Published:February 9, 2014 12:13 am
Indian diplomat Devyani Khobragade has sought dismissal of the visa fraud case against her. Indian diplomat Devyani Khobragade has sought dismissal of the visa fraud case against her.

Indian diplomat Devyani Khobragade has sought dismissal of the visa fraud case against her on the ground that the indictment was filed in a New York court a day after the US accorded her full diplomatic immunity and the country did not have criminal jurisdiction over her.

Khobragade’s lawyer Daniel Arshack submitted her reply, in a federal court here, to Manhattan federal prosecutor Preet Bharara’s memorandum that had opposed her motion to dismiss the indictment. Khobragade was present in the US at the time the indictment was returned and “the State Department’s recognition of her diplomatic position with the Permanent Mission of India to the United Nations conferred diplomatic immunity upon her requiring that the entire ‘proceeding or action’ be dismissed,” Arshack said in his 17-page motion filed Friday.

“The instant indictment was returned and filed with the court prior to Khobragade’s departure (from the US) when she was still recognised as a diplomat and still imbued with diplomatic immunity… The prosecution could not then and cannot now proceed further on that invalid instrument,” he said. He, however, acknowledged that the prosecution is not prevented from prosecuting Khobragade in future but insisted that the current case against her be dismissed since she had diplomatic immunity when the indictment was filed.

Arshack’s motion comes a week after Bharara submitted a US State Department declaration that Khobragade did not enjoy immunity from arrest or detention at the time of her arrest and she does not presently enjoy immunity from prosecution for the crimes charged in the indictment. Arshack said the indictment must be dismissed because the immunity bestowed upon Khobragade “applied retroactively”. The court could now order to hear arguments on the motions.

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  1. A
    Arvind
    Feb 9, 2014 at 2:37 pm
    Devyani brought disrepute to India. Now she is attempting to regain the right to re-enter US on a technicality. She is unfit to be an officer because she does not understand that courts decide cases on substantive issues of law and not on technicalities. Keep paying David Arshack
    Reply
  2. A
    Arvind
    Feb 9, 2014 at 2:37 pm
    Devyani brought disrepute to India. Now she is attempting to regain the right to re-enter US on a technicality. She is unfit to be an officer because she does not understand that courts decide cases on substantive issues of law and not on technicalities. Keep paying David Arshack
    Reply
  3. K
    KAmarnathr KR
    Feb 8, 2014 at 10:19 pm
    Break the law and, demand not to be charged. That is the Indian ruling elite for you.Their non-sense works perfectly well in India.Please USA, do not drop the charges.These ruling elite have inflicted untold miseries to the common people of India. Do not let them do that to you.
    Reply
  4. K
    KAmarnathr KR
    Feb 8, 2014 at 10:19 pm
    Break the law and, demand not to be charged. That is the Indian ruling elite for you.Their non-sense works perfectly well in India.Please USA, do not drop the charges.These ruling elite have inflicted untold miseries to the common people of India. Do not let them do that to you.
    Reply
  5. W
    Whining IndiAh...
    Feb 11, 2014 at 3:32 am
    Why still her 20th birthday photos are accompanying news about her? Are there more indian youth to get attracted to her and show to the world that she has got the sympathy of the india. Cheap tactics.
    Reply
  6. W
    Whining IndiAh...
    Feb 11, 2014 at 3:32 am
    Why still her 20th birthday photos are accompanying news about her? Are there more indian youth to get attracted to her and show to the world that she has got the sympathy of the india. Cheap tactics.
    Reply
  7. P
    paul
    Feb 10, 2014 at 3:21 am
    USA is the only country,that maintains true EQUAL RIGHTS & freedom without regard to race,caste,or religiondian Media & HM/MEA shown a substantial blind spotour the very HOT CORRUPT INDIAN POLITICIANS AND BUREAUCRATS CONSIDER BREAKING THE LAWS ANENLEMENT. Shameful Indian F M publicly backed/backing the strong dalit women
    Reply
  8. P
    paul
    Feb 10, 2014 at 3:21 am
    USA is the only country,that maintains true EQUAL RIGHTS & freedom without regard to race,caste,or religiondian Media & HM/MEA shown a substantial blind spotour the very HOT CORRUPT INDIAN POLITICIANS AND BUREAUCRATS CONSIDER BREAKING THE LAWS ANENLEMENT. Shameful Indian F M publicly backed/backing the strong dalit women
    Reply
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