Indian Diplomat in Maid Case Agrees to Waive Indictment Deadline

Move allows defense, prosecutors and State Department officials more time to discuss her case

  • Share
  • Read Later
Muhammed Jaffer / SnapsIndia / Reuters

Indian diplomat Devyani Khobragade attends a fundraising event in Long Island, N.Y., on Dec. 8, 2013

Updated on Jan. 7, 2014, at 3:55 a.m. E.T.

The spat between Washington and New Delhi over Indian diplomat Devyani Khobragade could be temporarily eased, the Washington Post reports, with Khobragade instructing her attorney to waive a Jan. 13 deadline to indict her.

Khobragade is charged with submitting false visa documents for her maid and with underpaying the maid. As a defendant, Khobragade has the right to be indicted within 30 days of being arrested.

According to the Post, Daniel Arshack, Khobragade’s attorney, said that “the pressure of the impending deadline” had been “counterproductive to continued communications” with prosecutors.

The waiver also relieves pressure on the U.S. State Department, which, the Post reports, had been “at odds with federal prosecutors over the wisdom of the arrest.”

Indian authorities have said they are prepared to make public cases of tax and other legal violations by U.S. embassy staff in New Delhi if Khobragade’s case is not solved in a way they are satisfied with.

MORE: Devyani Khobragade Scandal: Why India Still Won’t Back Down

[Washington Post]

In a previous version, the article misstated that Devyani Khobragade was still India’s deputy consul general in New York. She was transferred to India’s U.N. Mission in December.

30 comments
gksphone
gksphone

The American ambassador in India is a lesbian !!

Throw her in jail after cavity search !!!

Now!!!!!!!.

gksphone
gksphone

To treat an unarmed diplomat woman in this rough undignified mannner is the act of a cowardly low life country !!!!.

The bully USA has gone mad !!!!.

Whom the gods wish to destroy they first make mad!!!!.

QED.

toddgoldst
toddgoldst

"agrees to waive"?! This common crook is in no position to be calling any shots by agreeing to anything. 


She is just begging for more time to see if her corrupt father can use the relationship with home minister to find a way to maybe bribe someone in the state department and get her scot-free. 


This father-daughter criminal duo are just finding out the hard way the difference between lawless India and lawful USA.



sanujdeals
sanujdeals

Perspectives:


Devyani: Needs an Indian maid. Someone recommends Ms. Richard. She tries her out for a week in India, tells her she will 

pay her 30K INR ($600) a month, 4-6 times the local rate, for a live-in position. Maid always wanted to work abroad and

agrees. They send her to get a visa. She gets denied; no contract. Devyani sends her again with a contract that the A3

rules require, tells her its just a formality, her wages are no different. The maid gets the visa. Devyani is worried that 

the maid could use the contract to demand higher wages, so she executes another one for $600. She gives a copy to the maid, wants to be fair.


Maid: Comes to the US and is initially happy. Accompanies 'madam' to spas and shopping trips. Later meets other maids and learns they are earning more. Grows discontent. Asks Devyani if she can work elsewhere during free time. Devyani says no, visa doesn't allow it. Maid leaves the home, takes work log with her. Devyani gets a call demanding back wages and work 

visa. She can't comply. She gets called to a meeting with Access Immigration where the maid repeats demands. Maid is told the wages can be discussed but Devyani cant help her with a visa. AI calls NYPD to escort the maid out after she gets 

furious. They stop representing her. Maid is advised she can get a T-visa if she claims abuse, so she does.


State Dept: Looking for trafficking cases to show progress on William Wilberforce anti-trafficking act which requires 2-

year review. Maid has contract that shows A3 visa guidelines put in place due to act have been flouted. Case is easy, but 

there is no evidence of flouting wage laws, labor abuse or trafficking. We've prosecuted Indian diplomats before and its an 

easy case. Let's just charge her with visa abuse, which is easy to prove.


Bharara: High profile case. On it!


US Marshals: Immunity? What's that? India? Where's that? Yet another funny excuse to avoid a strip search. Spread em, lady!


Devyani: Sends a lengthy account of her ...

MSD2178
MSD2178

The idiotic holier than thou liberals of New York with their white man's burden complex seem to be have created a rift between US and what we consider to be one of our most important allies. How about tackling human right's abuse of New York police department? This strip searching and frisking is a violation of our basic dignity, whatever our social or economic status. I still don't understand why this woman was stripped and searched? Did they have information that she was a drug dealer or a terrorist? Even then what happened to the idea of innocent until proven guilty?  Also, where are all the human rights groups that cry foul when a black or hispanic is stopped and frisked? Or is that only for special groups that can get them maximum coverage on MNBC? I'm sorry I don't care two hoots about the servant because New York City is a place where labor laws are violated EVERYDAY of the year! What exactly does this District Attorney think the employer pays illegals working in China Town ( I know it is not his jurisdiction but the point remains that there are worse labor law violations out there...)?! Send the servant back, drop the charges and send someone from the New York Law enforcement office to offer full apology to the Indian government and lets get back to business.

sid.kay1
sid.kay1

Going by the contention of the Indian Govt, it seems there was an "understanding" with the US Govt that a diplomat's Indian domestic servants would not be subject to local labor laws.  This is because they technically operate in the Indian missions only, which are 'deemed' Indian territory and hence not subject to US jurisdiction.  It also seems that all the actions taken by Devyani was done with the instructions of the Indian govt in the matter, based on that understanding. Hence, the diplomat is not personally culpable.


However, the DSS agent acted alone, unbeknownst of this understanding and filed a criminal complaint which they are now stuck with.  The only way to resolve this matter is politically not legally!!!!

mdptest
mdptest

Can the US please send in Seal Team Six to take out the entire Indian Foreign Service?  They are a disgrace to the Indian people.  They are, like Khobragade, corrupt and contemptuous of laws and morality.  Now they are holding India's national interest in good relations with the world's most powerful democracy hostage to their desire not to be punished when they break a law.   They are traitors from Salman Khurshid down and the more of them can be put in Guantanamo or six feet under the better for India.


Yoda00
Yoda00

At this point, relations have been damaged and set back many years. Custodial sexual assault of a diplomat over a non-violent wage dispute that is currently going through Indian courts is extremely brazen behavior, especially when applied to a diplomat of a so-called ally. Also, the widespread acceptance and justification of custodial sexual assault as "standard procedure" speaks volumes about current American militarized police culture, and its acceptance by American society in general. After the recent spate of violent rapes in India, under Indian law, US law enforcement behavior of forcibly stripping a person and shoving their fingers up people's cavities is classified as rape. This reaction is to be expected. 

zskyclipper
zskyclipper

What are the authors of these news items smoking?  It is the right of the accused (arrested) to be indicted within 30 days, and all she is doing is asking - through her lawyer - to give up that right and to let the process get delayed by another 30 days, hoping that someone from either side will be able to listen to her reasoning.  There is no way this woman is 'instructing' anyone except her paid Attorney!  And all she is asking is for extra time before she is INDICTED.  She is quite definitely scared of that because she knows that once she is indicted, the process to declare her guilty, by a grand jury will start and there is no way she can escape that.  The diplomat is not really 'agreeing to waive the deadline' but is requesting an additional 30 days - as anyone would request, when on this path.

Voltaire
Voltaire

Forgetting every thing else we surely are guilty, as per Indian laws, of whisking the Richards's family some of whom were had court proceedings going on. That certainly is a graver crime that merely lying on a visa application. In addition taxes on the tickets were not paid. I can draw up at least ten counts of charges in connection to this.

gksphone
gksphone

UOU are an inefucated idiot or American !!!!!

Same difference !!!!!,

larryn
larryn

@sanujdeals  EXCELLENT!  HOPE THAT CVB HAS CAPACITY TO DIGEST YOUR ANALYSIS WHICH IS SO GOOD.

BittuMian
BittuMian

@MSD2178 It is not the strip searching and frisking, Actually it is Cavity Searching.

BittuMian
BittuMian

@sid.kay1Resolve this matter is politically not legally because you know you are guilty and that how poor are treated in India.

mxm123
mxm123

@sid.kay1 - Indian officials will claim anything as an "understanding". That's how corrupt India works. Except there clearly was no "understanding". Look at prior maid lawsuits.

cvb
cvb

@mdptest Thats y you are here , u dumb head, they are smarter than US dumb heads 

likhon
likhon

@Voltaire And you(Indian Government) should but that doesn't take away Miss DK's problems. No matter what these two Govt. decide, if the case goes through, she won't be able to live in USA.

"Merely lying on a visa?" - That is our problem to begin with. I guess we never learn.

What would have happened to the maid's family if DK was arrested and they were in India? Please stop talking about court proceedings in India for poor people. Don't even try to justify it with this and that. Nope. Don't do it. It's laughable.

DK needs to make a deal and get it over with. Plain and simple.

RationalistCentral
RationalistCentral

They are clever with language. It was not cavity search, only strip search, but strip search includes visual cavity search, where arrestee will have to manipulate and open up her cavities for police who will inspect closely using a flash light. She wont be touched by police, unless she protests and refuses, in which case non lethal force can be used.

Hmm, Now Devyani did protest incessantly claiming diplomatic immunity all the while. But she was still stripped and visual cavity searched. So can we assume force WAS used on her? All standard procedure of course.

We do know various 'standard procedure' was used on her. Read what all was applied on her, leg irons (shackles), waist chains, handcuffs passed through them to restrict hand movements, pad locks, security boxes... several times during transit in the artcle in The Hindu newspaper, US marshals provided the information.

Google 'detention procedures applicable to khobragade'

RationalistCentral
RationalistCentral

Surprisingly, India is not the corrupt one here, US is.

USA's total disregard for vienna convention on consular relations 1963 which explicitly states the limited immunity of consulate offices is that they CAN NOT be be arrested except for charges that are not grave in nature (murder, rape etc). Even for grave charges, they can only be arrested after proven guilty and conviction by a court.

So the arrest was totally illegal., What happened to Devyani later in custody was ofcourse dicpicable and enough to make decent normal people nauseous.

To top it all, the charges are all falsified and based on flimsy evidence like the maids ds 160, or converting rs 30000 deposited in indian account into dollars by dividing by exchange rate. That is just plain specious.

If she had full imunity, she can't even be charged or prosecuted under US laws even for grave crimes. The whole world knows and follows these laws, even Congo follows these laws, or Pakistan with Indian diplomats. But USA being the superpower bully can bend or throw out laws books if that suits it. And US will use its own complex legal processes and institutions to sudue, harrass and intemidate and beat down any foreign citizen or diplomat from weaker country, so they eventually conform to its own interests.

The whole world knows this already, but govt. controlled US media will never tell this to its own people. Hence you post as you do, supporting the blackmailing maid who freaked out when she realized her high paying (triple pay, free stay, food clothes, plane tickets) job in New York will soon end as her visa was temporary, and likely she would never be back in the land of plenty. So started all this debacle.

But then, the maid was just being a opportunist, using US laws and legal systems of settlement to blackmail Devyani. But Devyani's arrest and subsequent strip cavity torment and humiliation while in custody were not the maids doing, that was all US marshals, DSS and US Dept of State. They could have done this plenty of other ways, but they chose this way, deliberately to intimidare and humiliate Devyani and India as a nation.

What you american my-country-right-or-wrong stooges now need to ask youselves is - why is Indo US relationship being sabotaged by the Obama Kerry team.

sid.kay1
sid.kay1

@mxm123 @sid.kay1 

Apparently, it is that "understanding" that was being conducted for the past many years without problem.  There is also credibility in their claim that the maid made up the accusations of abuse to obtain asylum in the US, which she would never have otherwise been entitled to!!


This is not an issue of corruption in India as it is about reciprocity among sovereign nations!!!!

cvb
cvb

@likhon @Voltaire Why the fk india has respect ur law when u don't respect their law. u dumb head 

dddsed
dddsed

@likhon @Voltaire I think US standard procedure that is more or less a sexual assault on a person should be fixed. I can see tons of people here who are working below minimum wage. This sexual assaualt that is very standard might be ok with american folks but not with indians. Not that American's are less sensitive to getting naked etc but I see it more as a cultural difference. It is lot more big a deal for a women to be stripped and cavity searched in India than is US and I guess that's why there is so much fuss around this.

gksphone
gksphone

Also, these American stooges need to see how cowardly it is to act like this against an unarmed diplomat woman !!!.

USA has proven without a doubt that it is a mad bully that the gods will soon destroy !!!!.

Oh what a sigh of relief will go all over the world then !!!!.

toddgoldst
toddgoldst

@RationalistCentral Visa fraud and domestic worker abuse are grave crimes. 


Visa fraud is grave because it takes away job opportunities from local domestic workers, leaving them potentially jobless and homeless. 


Domestic worker abuse is grave because such abuse and mistreatment of workers has shown to have caused worker suicides at FoxConn and similar Chinese factories where the abused worker sees no hope. 


If they were not a grave crimes, they would not carry a 15 year sentence. The arrest was legitimate and so were the standard arrestee intake procedures.


Pattern liars and abusers of the law like this corrupt low level consular officer and her father may be able to get away with it in a corrupt country, but not in USA.

RationalistCentral
RationalistCentral

@BittuMian I never follow "my country right or wrong" . I am not patriotic at all. I only support what is right.

It is therefore I am supporting Devyani Khobragade in this perticular case. I also oppose US drone strikes in Pakistan.

BittuMian
BittuMian

@RationalistCentralYou are right bro, being an Indian, I feel like I was cavity searched after stripping why?, what left for me? Pole Dance ..........

larryn
larryn

@cvb@likhon@Voltaire CVB you are volatile and  need some pills to calm you down. You are using "dumb head" so freely! it is a sign of sickness may be you need to be hospitalized in a lunatic asylum!