Press mute

Khobragade interview controversy points to erosion of important conventions.

Written by Vivek Katju | Updated: December 25, 2014 8:02 am
Devyani Khobragade, Devyani Khobragade case, diplomat Devyani Khobragade, Devyani Khobragade arrest, Devyani Khobragade body-search, Devyani Khobragade marshal law A 1999-batch IFS officer, Khobragade was arrested in New York on December 12, 2013. (PTI)

Devyani Khobragade is in the news again, for all the wrong reasons. The ministry of external affairs has put her on “compulsory waiting” for recently giving an unauthorised interview to the media. An inquiry has also revealed that she obtained US passports for her children, in addition to their Indian diplomatic passports, behind the back of the MEA. However, Khobragade’s conduct should not erode the country’s sympathy for what she suffered in New York last year.

A year ago, the nation was appalled at her being arrested and body-searched by the US authorities in New York, where she was serving as India’s deputy consul general. Under public pressure, the UPA firmly stood by her side, supported her and ensured that she could return to India with as much dignity as possible under the circumstances. The government worked out a “solution” with the US that enabled her to return. But, significantly, the case against her was not dropped. It still stands. Not only will it cramp her diplomatic career, but it is also a continuing affront to the country. The government must pursue the issue with the US so that it is dropped.

Prime Minister Narendra Modi has correctly indicated that India’s bilateral relations must transcend another country’s conduct towards an Indian national. He has shown this by example, not letting the denial of a visa to him when he was chief minister of Gujarat come in the way of enhancing India-US relations. His successful visit to America and the special gestures extended to him by US President Barack Obama, as well as Obama’s forthcoming visit to India, where he will be chief guest on Republic Day, are vindication of this approach. All this, however, does not mean that either the visa-denial issue should be forgotten or that the government should not act to have the case against Khobragade dropped.

While Khobragade, as an IFS officer, has every right to represent her case within the MEA, she must leave the manner in which action is taken and its timing to the government. Certainly, she must not publicly articulate her feelings and wishes on the issue, as she has done. That is unbecoming of any civil servant, especially an Indian diplomat. It is also counterproductive, as such matters that require sustained diplomatic effort are best resolved discreetly, outside the public’s glare.

In this age of intense and instant communications, pervasive social media as well as active news media, a government servant could attract public attention for a variety of reasons — for doing good work, for being victimised by the government for taking a tough stand on a sensitive political issue or even for having special qualities unrelated to work. The conduct rules for bureaucrats, which list the dos and don’ts, do not directly require avoiding all contact with the media. They, however, do demand that bureaucrats not be critical of “current or recent [government] policy or action”. This is not unreasonable. In fact, any employer would ask the same of its employees.

Some officers air their opinions in the media on policy issues. The precaution they take is to clarify that their writings only reflects their “personal views”. This is humbug. The conduct rules only allow government servants to “undertake occasional work of literary, artistic or scientific character” and not to comment on policy issues. Also, over the decades, some civil servants have indulged in politics even while on government rolls.

Established norms are being flouted and successive governments have not shown the will to rein in civil servants who have bent the rules. Has the political executive been lax or has the bureaucratic leadership been irresponsible? Or have the times changed — should a greater degree of permissiveness be allowed? In any event, the government needs to look at the conduct rules in depth so that they can be updated and thereafter uniformly enforced.

Along with civil servants, some members of national-level commissions express their personal views on subjects far removed from their remit. Some also make political comments. These persons are not covered by the conduct rules but should they not be reticent as long as they hold office? The freedom of expression guaranteed by the Constitution has to be abridged by an office that a person has voluntarily accepted.

Prima facie, the action taken by the MEA against Khobragade in the matter of her children’s passports is correct. In no case should an officer acquire the passports of another country for her children if they possess Indian passports. That is not only the law but also diplomatic commonsense. Khobragade seriously erred on this issue and her denial is not credible.

A neutral civil service is one of the cornerstones of our democratic polity. Regrettably, the conventions that sustained such a civil service are disappearing. The foreign service has largely maintained its neutrality but that will be chipped away if its members abandon their reticence in the face of the intrusive media. This would be a loss not only for the service but for our national interest, too.

The writer is a former diplomat

express@expressindia.com

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  1. J
    Jai Kumar
    Dec 26, 2014 at 12:21 am
    She tried to portray herself as a martyr. That is the problem. She is no different from any other government employee using the system to her advantage. She was caught and then pretended to be the aggrieved party.The simple rule is if you do the crime you do the time.
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    1. L
      Logical
      Dec 25, 2014 at 10:11 pm
      Indian law does not allow dual citizenship. No harm getting American pport but she could have surrendered Indian pport of her kids, which she did not do. She is a diplomat, she definitely knows the law but she selectively kept silent and broke Indian law. Its as simple as that.
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      1. T
        timeistheenemy
        Dec 25, 2014 at 10:14 am
        Devyani Khobragade, her power tripping father, Salman Khurshid and the Adarsh flat on one side, and Preet Bharara and the Indian habit of flouting rules in other countries on the other side. I'd trust the second lot more anyway.
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        1. J
          Jaago
          Dec 25, 2014 at 3:12 pm
          Why should the case against her be dropped? This Indian habit of flouting the law and then saying "jaantey ho main kaun hoon" may work in India but not the US. Age should have the book thrown at her. Instead, Mr. Katju is suggesting that the privileged should be protected. Disappointing view from somebody who is supposed to be well balanced.
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          1. S
            Sam
            Dec 25, 2014 at 4:15 am
            She is an enled brat and a criminal.
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            1. V
              Venk
              Dec 26, 2014 at 12:03 am
              There are greater injustices beinf inflicted on Indian nationals in Mid-East countries where they are treated as slaves - Kobragade has brought much of her problems on herself by not following the laws of the land she was posted. She deserves everything she has go got. For a high official of the IDS her behaviour falls below par and she should be sacked.
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              1. V
                Venk
                Dec 26, 2014 at 12:04 am
                and a loud-mouth.
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                1. C
                  Chavali
                  Dec 25, 2014 at 4:46 am
                  All along learned Officer misguided the US authorities, Indian Government and her own colleagues in MEA. Now, she is exposed of her deeds playing old tricks the bureaucracy mastered over years in India. A Secretary till yesterday joins a party, ruling or opposition, and talk policy decisions under his bonnet openly criticizing one or other. Where are we going? Whom to believe? The bureaucrat, of late, thinks when a illiterate brat can become politician and leader why can't with their years of experience polticking the Government official position be used for a better returns.
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                  1. K
                    Kirit
                    Dec 25, 2014 at 10:28 pm
                    Indian government needs to fire her from her job and prosecute her for all illegal activities of her. plain and simple. Only issue should be baw of the land must ve applied to everyone.
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                    1. K
                      kulaputra kulaputra
                      Dec 25, 2014 at 11:55 pm
                      1. Lady in question has disobe and convicted under laws of USA, regardless of who was the prosecutor and questions about his intentions. 2. Lady is corrupt as evidenced by buying in Adarsh. 3. Lady has tried to manite pport issuance. Three strikes and you are out ? Why does she still have a job ? Elsewhere she would have been labelled a habitual offender. Media made her out to be a hero when she was convicted in USA. Media now has to correct the serious error that they made, show her up for what she is and if we have any grace, apologise to Mr. Bharara for questioning his intent.
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                      1. A
                        ashok
                        Dec 25, 2014 at 11:56 am
                        Ms. Devyani Khobragade's transgressions re the Adarsh society are even more serious than obtaining US pports for her children. That vigilance enquiry ought to be taken up in right earnest by MEA, even at the cost of what remains of her diplomatic career. These issues cover moral turpitude of a high order. Note how muted her father's outrage has been this time round. They know they are in a pickle.
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                        1. S
                          Shivan
                          Dec 25, 2014 at 5:26 am
                          Corrupt daughter of a corrupt father
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                          1. O
                            Oneman
                            Dec 25, 2014 at 11:06 am
                            Not to mention her father (a retired IAS officer was pretty closed to Shinde, the then CM and a big THUG of course)
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                            1. P
                              PL
                              Dec 25, 2014 at 2:56 am
                              Devyani does not need any sympathy. She intentionally lied to US Govt and Indian Govt (in her children pport case). I am sure there is a law to fire such people from job and close the matter. If it was US employee that is what they would have done, ask her to resign and jsut close the case.
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                              1. S
                                sasi
                                Dec 25, 2014 at 11:15 pm
                                The MEA is also not blame free no Indian can be a diplomat if married to a foreign citizen. The lady should have been asked to quit the IFS on marrying a non Indian. Had that been done all these problems would have been avoided.
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                                1. H
                                  harry
                                  Dec 25, 2014 at 3:15 pm
                                  I was once told by a lawyer that the sitting judges in the lower courts take bribes from the lawyers and until that is paid, they will not sign regular papers like Wills etc. And the lawyers p this extra expenses to the common people.
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                                  1. H
                                    harry
                                    Dec 25, 2014 at 3:13 pm
                                    That would be a news. Please make an official complaint to the emby and let the public know which emby does that.
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                                    1. H
                                      harry
                                      Dec 25, 2014 at 3:17 pm
                                      This lady is corrupt and so is her father. She should never be allowed to go abroad representing the country as she is not worthy of that honour. Pity her father who always defend her as if for high people corruption is a part of the perks one is enled to enjoy.
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                                      1. S
                                        SK Roy
                                        Dec 25, 2014 at 5:21 am
                                        I think the real reason of an Indian diplomat's arrest in New York have not come out in public. That it was a punitive action by the Indian American prosecutor is somewhat clear but why did he do it? Did he get up in the morning and vowed that that day he would go and one of the members of the Indian consulate in New York. It needs to be investigated by the govt. of India and disclosed to the public, just as they have investigated the other irregular activities of this diplomat many Indian missions abroad you have to literally buy a visa. Unless you pay to speed up the process it may take days of enquiries and you may be asked to produce supporting doents. It is much less costly to pay up and get the job done. This practice needs to be stopped, as it brings bad name to the country. What better proof the citizens of that country need about corruption in India when its missions accredited to those countries indulge in such practices?
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                                          SilentM
                                          Dec 26, 2014 at 5:41 am
                                          "The government must pursue the issue with the US so that it is dropped."Why? The issue is 'solved'. Besides opportunities in vast foreign service bureaucracy in New Delhi, Ms. K can be posted anywhere in the world except the USA. So it is not a career issue - her interest in trying to re-ignite the issue is probably due to her desire to live the American life in the USA with her husband and kids with benefits of Indian tax payer paid servants the USA, the government can't make criminal cases go away - only the accused can, by going for trial or plea deal with the prosecutor. Some examples of famous and powerful folks that got tangled in criminal cases in the US : Dominique Strauss-Kahn, Roman Polanki..Ms. K has a good life in India, should choose to be happy with it. Around 2025, when her kids are in American universities, negotiating with a Republican US attorney may be more favorable.
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                                          1. S
                                            Sitaraman
                                            Dec 25, 2014 at 9:52 am
                                            But Mr. Katju, dont many serving IFS and IAS officers have their wards prefer getting an American pport even as they are in service? Dont you think Ms. Khobragade is being held out as an example? At the most she exemplifies the spirit of the times...!
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