HC restrains maid from pursuing ‘slavery’ case against Indian diplomats in US

The court accepted the contention of Additional Solicitor General A S Chandhiok that diplomat Neena Malhotra,with whom maid Shanti Gurung was employed between 2006 and 2009,enjoyed “sovereign immunity” and that even on assuming the accusations to be true,legal remedy would lie only before an Indian court.

“The alleged treatment has happened within Malhotra’s official residence,which is in occupation and belongs to the Indian Government and only the Indian laws would hence apply. In such a scenario during Malhotra’s tenure in the US,if the defendant was treated mercilessly as alleged,the courts in the US would not have jurisdiction to pass an order against her since she being not amenable to the jurisdiction of that court,” said the court.

Also after perusing the facts of the case as disclosed in the petition and documents that revealed that the maid was duly interviewed by the US embassy and the government helped her procure the visa and also bore her travel expenses,the judge noted: “It cannot be conceived prima facie that the domestic help was trafficked or kidnapped by Malhotra from India in 2006.”

The court dubbed it as “incomprehensible” that if Gurung was inhumanly treated,she took no step to complain against Malhotra and her husband Jogesh to any of the officers residing in the same building and also noted that the she filed a complaint after the diplomat couple had come back from US.

“It is also quite baffling that Gurung visited India with Malhotra in January 2007 for vacation but did not bring to the notice of any government officer or even lodge a police complaint alleging cruel treatment inflicted on her and in fact returned with the diplomat to the US,” said Justice Gambhir.

The court also relied on the photographs placed on record and noted that they also refuted the allegations of imprisonment and confinement and that Gurung seemed “to be in a happy disposition.”

However,Justice Gambhir also noted that in such a legal position,it will be the primary responsibility of the government to ensure protection of Gurung’s rights too. “This court therefore directs the government to establish personal contact with Gurung through its diplomatic channels to ascertain the veracity of her allegations before the next date,May 5,” said the court.

On February 22,a US court had recommended that the diplomat couple should pay nearly $1.5 million as damages to her,prompting the government to move the Delhi High Court for a restraining order against any adverse directive involving its officials.