Devyani Khobragade case: Preet Bharara given time till Jan 31 to respond to Indian diplomat's plea

[thesolar65]

A US judge here has granted Manhattan's top prosecutor Preet Bharara time till January 31 to file his opposition to the motion submitted by Indian diplomat Devyani Khobragade seeking dismissal of the indictment against her on visa fraud charges.

Khobragade's lawyer Daniel Arshack had on January 14 filed a 13-page motion in US District Court on 39-year-old diplomat's behalf seeking dismissal of the indictment, termination of conditions of her bail and of any "open" arrest warrants or requests for her extradition over the charges.

India-born Bharara wrote to US District Judge Shira Scheindlin yesterday seeking January 31 as the deadline to file the government's opposition brief and permission that the response be of up to 25 pages in length.

Arshack said that the prosecution should be given only 14 days time till January 28 to file its reponse to his motion.

Arguing that "a prompt resolution" of the case is "essential," Arshack said he does not agree with the prosecution seeking three more days till January 31 to file their response.

"The issues raised by this motion continue to seriously roil the relations between India and the United States and have a very real impact on the sureties who signed the bond in this case. Therefore we do request the shorter dates suggested herein," Arshack said in his letter to Scheindlin.

Bharara said that the additional time and increased length are "necessary to thoroughly address the complex legal issues and extensive relevant facts raised by the defendant¿s motion."

Arshack is seeking a court order to dismiss the indictment and proceeding against the Indian diplomat, exonerate any bail or bond previously posted on her behalf and termination of any "open arrest warrants" against Khobragade as "they too are nullities since the instant proceeding is subject to dismissal."

He said in the motion that because of Khobragade's diplomatic status the Court did not have personal jurisdiction over her at the time of her December 12 arrest and indictment, but it still has subject matter jurisdiction to rule over her motion to dismiss the case.

@madooxno9, this news( another khobragade news) just for you to make you really mad...

 

[Indo-guy]

A US judge here has granted Manhattan's top prosecutor Preet Bharara time till January 31 to file his opposition to the motion submitted by Indian diplomat Devyani Khobragade seeking dismissal of the indictment against her on visa fraud charges.

Khobragade's lawyer Daniel Arshack had on January 14 filed a 13-page motion in US District Court on 39-year-old diplomat's behalf seeking dismissal of the indictment, termination of conditions of her bail and of any "open" arrest warrants or requests for her extradition over the charges.

India-born Bharara wrote to US District Judge Shira Scheindlin yesterday seeking January 31 as the deadline to file the government's opposition brief and permission that the response be of up to 25 pages in length.

Arshack said that the prosecution should be given only 14 days time till January 28 to file its reponse to his motion.

Arguing that "a prompt resolution" of the case is "essential," Arshack said he does not agree with the prosecution seeking three more days till January 31 to file their response.

"The issues raised by this motion continue to seriously roil the relations between India and the United States and have a very real impact on the sureties who signed the bond in this case. Therefore we do request the shorter dates suggested herein," Arshack said in his letter to Scheindlin.

Bharara said that the additional time and increased length are "necessary to thoroughly address the complex legal issues and extensive relevant facts raised by the defendant¿s motion."

Arshack is seeking a court order to dismiss the indictment and proceeding against the Indian diplomat, exonerate any bail or bond previously posted on her behalf and termination of any "open arrest warrants" against Khobragade as "they too are nullities since the instant proceeding is subject to dismissal."

He said in the motion that because of Khobragade's diplomatic status the Court did not have personal jurisdiction over her at the time of her December 12 arrest and indictment, but it still has subject matter jurisdiction to rule over her motion to dismiss the case.

@madooxno9, this news( another khobragade news) just for you to make you really mad...

US courts just like US government have been acting like omnipotent and omnipresent judiciary ....

Given same arguments what jurisdiction does US court has to summon Sonia Gandhi , Man Mohan Singh etc in post Indira Gandhi assassination Delhi riots ???

But this is another example of how US and its systems treat whole world as their backyard !


Jurisdiction or no jurisdiction they will continue to nose in all and sundry matters in the whole world ....!!!

 

[madooxno9]

Baa kar yaar , rulaye ga kya ?

 

[faithfulguy]

She is asking way too much now. She was allowed to go back home with a condition that if she step foot in American, she would be arrested again and tried. Now, she is trying to do away with that. If US allow this, it would send a message to diplomats and foreigners that its ok to trample on US law.

 

[sincity]

She already out of the US, she India government problem and not US problem as long as she not step foot in the US any time soon.

 

[chhota bheem]

already it has hurt relations , close the case and move on.....before it hurts even further.

 

[DesiGuy]

She is asking way too much now. She was allowed to go back home with a condition that if she step foot in American, she would be arrested again and tried. Now, she is trying to do away with that. If US allow this, it would send a message to diplomats and foreigners that its ok to trample on US law.

i hope she never step foot on american soil again...if she does, put her in Guatanamo prison.

 

[Sashan]

@DesiGuy - deleted mine.

 

[FaujHistorian]

Every accused should be allowed to clear his/her name

 

[youthcom]

From Time of India site.

NEW DELHI: After her rather tumultuous stint as deputy consul general in New York, Devyani Khobragade is likely to stay put in India for some time. The government has now placed her as a director in the Development Partnership Administration (DPA) wing of the ministry of external affairs.

So much for that Adarsh stuff, rule change just for her 1999 IFS batch, being married to foreign national, & the multiple properties she owns.

 

[sancho]

i hope she never step foot on american soil again...if she does, put her in Guatanamo prison.

Would just prove the false notion in the US about law and justice, but she is no Arab, or African, or pirate that nobody cares about. Not to forget that it still needs to be proven that she is guilty for anything and that the US are hurt because India showed strenght against them.

Every accused should be allowed to clear his/her name

No, every accused should be taken as innocent until guilt is proven!

 

[Sashan]

Would just prove the false notion in the US about law and justice, but she is no Arab, or African, or pirate that nobody cares about. Not to forget that it still needs to be proven that she is guilty for anything and that the US are hurt because India showed strenght against them.



No, every accused should be taken as innocent until guilt is proven!

Of course she should be given the option to face the justice in US but personally as an Indian American I want this crook to stay away from the shores of US as she is a blot and a shame compared to what (oh, do not stick to innocent until proven guilty argument - else she wouldn't be putting the defense of application of immunity for dismissal of her case and stuck to her innocence in her motion) Indian Americans have come to represent in US - hardworking, law-abiding, well educated people which is an exemplary representation of the country they are originally from rather than what this crook stands for.

And as for the US hurt etc etc, you need to think more rationally instead of reacting like other junior members here. US wanted to punish this official for breaking the law it has taken seriously since 2008 and the case pending is a testimony to that. Beyond that, US did not want to damage the relationship and so did not do anything to the various actions taken by India. It wouldn't have taken a minute for US to put the MEA cowboys in place say by threatening to act against 14 other Khobragades who were fearing visa violations as well if US felt slighted.

 

[Khan_patriot]

this saga is the best entertainment I have had for a while, beats bollywood hands down.....

 

[DesiGuy]

Would just prove the false notion in the US about law and justice, but she is no Arab, or African, or pirate that nobody cares about. Not to forget that it still needs to be proven that she is guilty for anything and that the US are hurt because India showed strenght against them.
No, every accused should be taken as innocent until guilt is proven!

she was given an trial but she ran away from US under so called "immunity". and if US really wanted to go for tit for tat, they could have done it. US got bigger cards to play. I am sure you know that.

So in the end, this issue is old and i sure don't want this lady to come back. She could surely thrive in india..among her corrupt fellows.

EDIT: to prove my above point: here you go:
Devyani Khobragade's father Uttam to contest Lok Sabha election - Times Of India

 

[sancho]

Of course she should be given the option to face the justice in US but personally as an Indian American I want this crook to stay away from the shores of US.

Which just shows your bias and that you can't look at this case without your preference for the US. That's sad, but doesn't make here guilty, nor justifies the wrong doing of the US authorities. If she has done something wrong and there are proves for it, she should be charged for it, but until that is proven, you can't claim things about her, only because of her origin or because you feel that you are something better than her. So lets wait if the authorities can come up with something real, but the fact that they had no chance to get a grip on her and just shows the weakness of this case and the strenght of GoI.

And as for the US hurt etc etc, you need to think more rationally instead of reacting like other junior members here.

as an Indian American I want this crook to stay away from the shores of US

says more than enough to prove my point!

she was given an trial

That doesn't mean that she is guilty, only that there were irregularities in the visa application, but as the reports afterwards also showed, there are mistakes in the charge itself and it is not clear who filled the application. The whole charge is just based on the fact that her computer was used (IP was tracked), to which the maid itself had access. So the authorities brought up charges, which needs to be proven at court and only then it can be seen if she is guilty or not!

And btw, she didn't ran away at all, the US asked her to leave after GoI denied to cancel her immunity, otherwise she would had remained in the US with her family.