Indicted Devyani is home, Delhi does a revenge expulsion

Khobragade is facing criminal charges in the US for reneging on her promise to pay a certain wage to her domestic help Sangeeta Richard.

New Delhi | Updated: January 11, 2014 4:42 am
Diplomat Devyani Khobragade with her father Uttam at the Maharashtra sadan, in New Delhi. (IE Photo: Ravi Kanojia) Diplomat Devyani Khobragade with her father Uttam at the Maharashtra sadan, in New Delhi. (IE Photo: Ravi Kanojia)

In a diplomatic response reminiscent of India’s confrontations with Pakistan, the external affairs ministry Friday expelled a senior US diplomat posted in New Delhi, hours after Washington asked Indian diplomat Devyani Khobragade to leave the US following her indictment on visa fraud charges.

The consular rank officer, who was not named but is learnt to be regional security officer Wayne May, was allegedly closely involved in the diplomatic fracas that has seen India-US relations plumb the depths in a matter of weeks.

The US diplomat was asked to leave India within a little over 48 hours, even as Khobragade, who is facing criminal charges in the US for reneging on her promise to pay a certain wage to her domestic help Sangeeta Richard, was on a flight to New Delhi.

Responding to May’s expulsion, Washington said it “deeply regretted” that India felt it necessary to expel an American diplomat after Khobragade was asked to leave the country. At the same time, it said it hoped the incident will now come to closure and that New Delhi will help improve ties.

The Indian diplomat left New York Friday after being indicted for visa fraud as well as for making false statements. However, the trial did not begin as she had been granted full diplomatic immunity following her accreditation to the Permanent Indian Mission in the UN and that was accepted by the US State Department.

Following her indictment, the State Department had asked India to waive the immunity so that the case could go for trial. When India refused, the State Department asked India to withdraw the diplomat.

While Khobragade has been able to return on a fresh passport with a G1 visa – her original passport was confiscated by court and she was out on bail – the charges against her in the US remain and she will face trial if she returns on a normal passport or without diplomatic immunity.

US attorney Preet Bharara made it clear the charges will remain pending until “she can be brought to court to face the charges, either through a waiver of immunity of the defendant’s return to the US in a non-immune status”.

In what it described as “reciprocal action”, New Delhi asked Washington to withdraw its consular level diplomat of the same rank as Khobragade. The expulsion, sources said, was ordered as the Indian side had “reasons to believe the diplomat is closely involved in the processes relating to the case and the subsequent unilateral action by the US”.

Khobragade landed in Delhi late on Friday evening and was received at the airport by her family, including her retired IAS officer-father Uttam Khobragade, and MEA officials.

“She is not depressed, she is fine,” Uttam Khobragade told PTI after meeting his daughter.

In Washington, State Department spokeswoman Jen Psaki said a US official accredited to the mission in India will be leaving post at the request of the government of India, PTI reported.

“We expect and hope that this will now come to closure, and the Indians will now take significant steps with us to improve our relationship and return it to a more constructive place,” she said.

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  1. I
    I Think
    Jan 12, 2014 at 2:29 am
    Right or wrong, I think she enjoys diplomatic immunity.The US is not keeping in line with international law.
    Reply
    1. A
      Amar, London
      Jan 12, 2014 at 3:56 pm
      Though I agree with what you say, a diplomat is a diplomat and should be treated as such, So it is the US who is ignoring international protocol and law. Can you seriously imagine the US authorities strip searching a Chinese diplomat or even a stani diplomat?
      Reply
      1. P
        Peace
        Jan 11, 2014 at 2:31 am
        Does India have power to take up case against the person , the maid who is behind this matter.
        Reply
        1. h
          harry1018
          Jan 12, 2014 at 6:21 pm
          The one who do this to the H1 holder, are the companies by Indians
          Reply
          1. D
            Deduction
            Jan 12, 2014 at 5:50 pm
            Ok...this has been repeated ad nauseum. There was NO CAVITY SEARCH!! There was a strip search. There are three reasons why strip searches are done.1. To ensure that there are no hidden weapons (blades, knives etc) with which a prisoner might hurt himself/herself or others.2. A medical 'strip search' may be conducted to ensure that a prisoner is not carrying a contagious disease that may be fatal.3. To ensure that the prisoner carries no contraband items, including location transmitters, drugs, hallucinogens or even embedded chips.Anti-discrimination laws in the US require strip searches be conducted without regard to race, gender, ual orientation or ethnicity, as all subjects of law are considered equal. Also all prisoners are considered innocent until proven guilty. Khobragade was treated as any other American citizen under cirstances, and not afforded a special treatment meted out to 'common criminals'.Given the reasons why strip searches are conducted why the hullabaloo about the same? Khobhragade was actually safe in prison because of such sauards.
            Reply
            1. M
              Mohammed Khader
              Jan 11, 2014 at 12:33 am
              Actually she should face criminal charges in India for cheating US government.
              Reply
              1. R
                Rajesh Dhar
                Jan 10, 2014 at 7:04 pm
                She should now be prosecuted in India
                Reply
                1. R
                  Ram
                  Jan 12, 2014 at 7:45 am
                  I seriously don't understand one thing. She broke the laws of United States thinking it as to be India by underpaying and mistreating her domestic help and then she tries to take cover by shamelessly making use of her position. Yet the large segment of Indians and Indian politicians rally behind her saying that she has been mistreated by US. I seriously believe that Indians should respect the laws framed by a country which believes in real equality of all human beings as against to only framing it as fundamental rights and then nothing is implemented in practice. She did something wrong very seriously. She really deserves the punishment. Yet she has escaped it. India should consider extraditing her back to US and then let her face trial. If she is clean, she will be reimbursed for what she had suffered unlike India again.
                  Reply
                  1. R
                    Rama
                    Jan 12, 2014 at 2:52 pm
                    Why can't the diplomat sponsor your family and make them Indian citizens and live happily? what am I missing. If she really violated the law she deserves the punishment.
                    Reply
                    1. R
                      ram
                      Jan 11, 2014 at 4:02 am
                      Dear Diviyani,Welcome home ! Hope you did India proud by showing what IFS is and what India can do to secure its' Diplomats. You not only maintain' high traditions of the Foreign service , but also helped in proving to World, that India can also retaliate by expelling US diplomats. Welcome home! now you don't have to be with common prisoners [God forbid], frisked, arrested , handcuffed or get any of the treatment your received at Hands of US officials.Welcome home! , now you can retaliate with impunity to your erring maid and also prove what IFS service is . Sorry , I forgot to tell what IFS is 'INDIAN FEARED SERVICE'Not so Loving,Country Folk.
                      Reply
                      1. R
                        Ranjit patil
                        Jan 11, 2014 at 5:33 am
                        " Indicted Devyani is home" .....now can she be prosecuted for fraudulently getting flat at the Adarsh. After all Maharashtra Govt. has partially accepted the report.
                        Reply
                        1. R
                          Richard
                          Jan 12, 2014 at 1:54 am
                          What makes me sick & has anger'd people in India is the manner she was arrested - A Cavity Search is Humiliating - She did not fit the profile of a Dangerous Person - I would be anger if it was done to my daughter or wife unless they had a History of Vilionce or the Charge was of a Violent Nature - It could have been handled with respect
                          Reply
                          1. C
                            Capri
                            Jan 12, 2014 at 8:07 am
                            one sided.
                            Reply
                            1. B
                              Bob
                              Jan 11, 2014 at 1:32 pm
                              Many CEOs in USA violate labor laws and make employees exempt and non exempt work more than 40 hours and pay only 40 hours of wages. They can all be charged in India because many Indian citizens work in USA on H1-B and Green Cards. It is a violation of Indian Citizen's rights by the companies. India can charge them and jail them.
                              Reply
                              1. S
                                SG
                                Jan 11, 2014 at 12:57 pm
                                I wonder how he could have survived as an IAS. Was it because of his caste card. He called off press meet half way. His daughter was kicked out. Both IAS and IFS are misfits. ADARSH? In the name of caste, I guess, they are cheating the system thoroughly.
                                Reply
                                1. B
                                  bhagawan
                                  Jan 12, 2014 at 9:12 pm
                                  She did not have full immunity at the time of her arrest on Dec. 12; she had only limited Consular Immunity. By immediately accrediting her to the UN Mission as a full time rep., the Indian Govt. believed that the Total Immunity from the job would protect her retroactively and also suddenly realized that she was already accredited to the UN. The MEA people wanted to do everything whether sensible or not, to prevent her from being tried in a US Court. It is amazing that they still want the US to drop the charges: if she was innocent, she should have sta put there at any cost to clear her name but they chose the exit strategy in a hurry leaving her and the Indo-US relations in limbo, all for the sake of a dumb and petty diplomat of dubious credentials.
                                  Reply
                                  1. B
                                    Bob
                                    Jan 12, 2014 at 9:20 pm
                                    Incorrect. Exempt employees are required work only for 40 hours. That is the law. There is no such thing as getting the job done. Non exempt employees are required by law to paid for over time above 40 hours. There is nothing that says exempt employees can be made to work more than 40 hours. No. Most CEOs require nonexempt employees to charge only 40 hours even if they have worked more. This is across the board every company CEO is almost guilty of it. Exempt employees may be asked to work more under accentuating cirstances. But the cirstances should be clearly defined when an employee is asked to work more. But it is routine and CEos expect employees put in 50 to 60 hours. This is a running crime and it is 200 billion dollar revenue companies to 100,000 dollar companies, they commit this crime. Most CEOs can be jailed based on this. USA is a rogue nation in the violation of law.
                                    Reply
                                    1. s
                                      ssummer01
                                      Jan 13, 2014 at 12:19 am
                                      Bitter lesson to all Indian Foreign Service Employees
                                      Reply
                                      1. s
                                        ssummer01
                                        Jan 13, 2014 at 12:23 am
                                        Falsification of facts is on record. period.
                                        Reply
                                        1. S
                                          Suripuri
                                          Jan 11, 2014 at 8:57 am
                                          The Indian Government should show the same enthusiasm, vigor and verance in getting the culprits in various scams to justice!
                                          Reply
                                          1. G
                                            Guptan Veemboor
                                            Jan 11, 2014 at 10:08 am
                                            India not in a mood to wipe the slate clean and start afresh.
                                            Reply
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