How the whole Diplomatic incident started

[adwityagrata]

Ravi Batra, The Lawyer Representing Krittika Biswas, Speaks Of What The Student Really Went Through And Their Fight For Justice In This Exclusive Account.

Ravi Batra Has A Point To Make And He Won’t Rest Until He Has Made It. The Manhattan Lawyer Represented Krittika Biswas, The 18-Year-Old Honour Student And Daughter Of Vice Consul Debashish Biswas, Falsely Accused Of Sending Two Obscene E-Mails When She Was Not Near A Computer.

Despite Repeatedly Stating She Was Innocent, Asserting Diplomatic Immunity And Wanting Her Father And The Indian Consulate Notified, Krittika Was Handcuffed On February 8, 2011 And Taken Away From Her School To Spend 28 Hours In A Miscarriage Of Justice That Included A Dirty, Cramped Cell.

No Rights Given
The Call From Indian Consul General, Ambassador Prabhu Dayal, To Batra Came In At 8.53 Am On Tuesday February 9, 2011. “Prabhu Told Me That A Daughter Of One Of His Vice Consuls Had Been Arrested The Day Before And Was To Be Produced In Queens Criminal Court,” Says Batra.

Despite Numerous Efforts By Ambassador Dayal, His Consuls And Her Family, No One Had Been Able To See Krittika. That Was When They Made The Call To Batra.

Neither Batra Nor Ambassador Dayal Were Aware Of Krittika’s Innocence Or The Details Of The Case. “All We Knew Was That It Had Something To Do With Obscene Emails. I Knew That She Had Rights Under US Law And New York State Law, But As To The Vienna Convention Rights, I Had To Confirm,” Says Batra.

Queens Criminal Court
Batra Went Into Emergency Research Mode. “Family Members Of A Consul At A Consular Post, Have Immunity From Arrest Or Detention Unless A Judge Issues A Warrant For Arrest, And That Too For A ‘Grave Crime,’ A Felony,” Says Batra.

The Interpretation Of The Vienna Convention Was Later To Become A Point Of Contention Between The US State Department And Batra, And If “The Plain Language Of The Vienna Convention Isn't Followed," That Batra Said “Will Force Him To Sue In Federal Court.”

“I Asked To Meet The Chief Prosecutor, District Attorney Richard A. Brown And Permission Was Granted,” Says Batra.

First Phone Call
Krittika Happened To Make A Call To Her Father While They Were In The DA’s Conference Room Waiting To See DA Brown, Whom Batra Knew Well.

Batra Seized The Opportunity To Speak To Her. “Krittika Answered All My Questions In A Matter-Of-Fact Manner, Sort Of Like A Detached Zombie In Shock,” Recalls Batra.

The Lawyer Learnt One Fact: Krittika Biswas Was Innocent. “She Was Out Shopping When The Obscene E-Mails Were Sent,” He Says.

Facebook Wall Issue
Batra Told The DA That He Represented The Defendant, Krittika Biswas, And Not The Government Of India. The Lawyer Gave The DA A Copy Of India’s Note Verbale And Told Him That India Was Asserting Diplomatic Immunity Under The Vienna Convention And That From What He Then Knew, Krittika Was Actually Innocent Of The Criminal Charges So He Did Not Need Immunity To Win.

The DA Raised The Issue Of Comments That Krittika Had Apparently Posted On Facebook. Batra Pointed Out That Krittika Was At A Mall And That Security Cameras Would Have Footage.

Charges Dismissed
Batra Describes DA Brown As An “American Hero” For Administratively Dismissing Charges. “This Happens In Once In 10 Million Cases. The DA “Sealed” Her File So Krittika Can Legally Say She Was Never Arrested,” He States. The DA Also Gave Batra Immediate Visitation Rights.

Meeting Krittika
Batra Met With Krittika And Told Her Of The Good News “She Accepted It Without A Smile,” He Says.
Later, The Lawyer Watched Krittika Walk Out Of Jail. Her Mother And Father, Along With The “Consul Uncles,” Were There Waiting To Embrace Her. “She Didn’t Run To Them. She Walked As If She Was In A Trance. They Were Hugging Her But She Wasn’t Hugging Them Back,” He Says.

School Suspends Krittika
Despite Having Charges Dismissed, The School Suspended Krittika For A Month And Sent Her To Reform School. “We Defended Krittika From February 10-March 11 To Prove Her Innocence,” Says Batra.

A Forensics Engineer Was Hired To Track Emails, And Alibi Witnesses Were Contacted. Receipts Of Items Brought With Time Of Purchase Would Match The Video Footage Of Her And Her Alibi Witnesses On The Mall’s Security Cameras.

March 11 Hearing
During The Hearing On March 11, Batra Gave The School His Forensic Expert’s Report That Showed That Krittika’s ISP Was “Road Runner” And The Criminal Emails’ ISP Was “Earthlink.”

“We Gave The IP Address Of The Computer From Which The Emails Were Sent From. Using Our “Key,” The School Found The Real Culprit, Shang Ming, In One Day” Says Batra. Ming Confessed The Day After.

Justice For Krittika?
It Took Batra Six Weeks To Prepare And File A Notice Of Claim. Usually This Is A Two-Three Page Document. Theirs Is 97 Pages. The Question Was: How Much Will The Jury Award To Krittika Biswas? “I Set The Floor With USD 1.5 Million Not The Ceiling,” Clarifies Batra.

“The Teacher And Principal Filed Two False Reports Against Krittika – One Was For Her Arrest And One For Her Suspension. The Principal Supported Both Despite The DA Dismissing Charges,” Says The Lawyer. It Is A Crime In New York To File A False Report. DA Brown Has Jurisdiction To Investigate If Crimes Were Committed.

Krittika’s Plans
Krittika Had Approached Kim Ross For A Recommendation Letter For Macaulay’s Honors College At City University Of New York Last October, And Kim Ross Had Written Such A Letter Of Recommendation; Although, She Hid That Fact In Her Two False Reports.

Now With What Has Happened, Krittika Is Thinking Of Going Back To India And Studying There. “Her Dad Told Me That She Asks Him: ‘Why Did You Bring Me To New York, So I Can Be Handcuffed?’” Says Batra.

According To Batra, Krittika Now Has Renewed Strength, With All The Backing She Has Had From Amb. Prabhu Dayal, The Indian Government, And Most Of All, Everyday People Of India.

“In Court, She Has Nothing To Worry About, For I Will Make Sure That She Gets A Full Measure Of American Justice,” Says Batra.

The Results Will Be Seen In The Five Months When The Claim Goes To Court. If The State Department Revises Its Interpretation “That Black Is White, And White Is Black,” Then The Case Will Be In New York State Supreme Court.

 

[adwityagrata]

US Secretary Of State Hillary Clinton Should Act On The Case Of An Indian Diplomat’s Daughter Who Is Suing New York City For A Whopping $1.5 Million For False Arrest To Avoid Retaliation From Other Countries, Said Lawyer Ravi Batra.

Batra, Lawyer Of Krittika Biswas, Sent A Letter To Hillary Clinton June 1 That Said: “I Urge You To Act And Avoid Possible Retaliatory-Reciprocity From Foreign Nations.”

Krittika Biswas, Student Of John Bowne High School And Daughter Of Debashish Biswas, Vice Consul (Administration) At The Indian Consulate General In New York, Filed A Notice Of Claim Of $1.5 Million May 6. She Said Her Claims Of Diplomatic Immunity Were Ignored When She Was Handcuffed And Locked Up For More Than 24 Hours February 8 After A “Shoddy” Probe By Dministrators Into Alleged Obscene E-Mails Sent To Two Teachers In Her School.

Krittika Says She Is Still Getting Used To See Her Name Appear In Newspapers, TV And The Web.

The Daughter Of An Indian Diplomat, Who Hit The Headlines After She Was Wrongfully Arrested On The Suspicion Of Sending Obscene Emails To A Teacher, Says Media Attention Is Crazy.

For The Past Few Days, 18-Year-Old High School Student Krittika Biswas Has Given Scores Of Interviews To Both The Indian And American Media About Her 28-Hour-Long Ordeal In Prison.

Biswas Says That She Is Still Getting Used To See Her Name Appear In Newspapers, Television And The Web. “The Media Attention Is Crazy,” She Told PTI. “I've Been Giving Non-Stop Interviews...It's Not Something I'm Used But I Think It Sends The Message That It's Not Okay To Mess With People.”
Biswas Has Sued The New York City Government For USD 1.5 Million For What She Claims Was A Wrongful Arrest On The Suspicion Of Sending Obscene Emails To Her Teacher In Queens' John Browne High School.

"I Have No Idea What I'll Do With The Money," She Said, Reflecting On The Possibility Of Winning If The Matter Goes To Trial. Biswas Claims That She Was Handcuffed And Led Out Of School On February 8.

She Also Says That The Cops Did Not Let Her Use The Bathroom For A Long Time, She Could Not Drink Water From A Cooler That Had Vomit On It. The New York Police Department Has Not Responded To Request For Comment.

Biswas Has Become The Subject Of Several Tweets And There Is Even A Facebook Page Supporting Her Cause -- "Krittika Biswas"-- Price Of Every Tear Will Be Paid.

Ravi Batra, Her Lawyer, Said That Attention From The American And Indian Public Was Helping Their Case.

“Americans Cannot Stand Injustice....It Could Be One Of Their Kids,” He Said.
"1.1 Million Children Are Entrusted To The School System."

Under pressure to drop Krittika case: lawyer

New York: The Lawsuit Of Indian Diplomat Debashish Biswas' Daughter Krittika Biswas In The US Has Hit A New Roadblock. Krittika's Lawyer Ravi Batra Has Said That He's Coming Under Pressure To Drop The Case.

Batra Has Said That He Has Well-Wishers Who Have Advised Him To Consider Dropping The Case Because The Issue Has Blown Up Way Too Much.

He Has Also Requested The Indian Government To Not Take Back The Immunity Cards Handed Out To American Consulate Members In India.

“There Should Be A Wait And See Approach So That Secretary Clinton Has Adequate Time To Review And Issue A Reinterpretation,” Batra Said.
He However, Made It Clear That He Will Not Drop The Case. Batra Said, “This Is About Basic Human Rights And How Human Beings Live With One Another Under Law And This Is Why This Case Is Important And I Am Not Going To Be Dropping This Case.”

Krittika Biswas Had Claimed That She Was Wrongly Arrested For Allegedly Sending Obscene Emails To Her Teachers.

Krittika Is The Daughter Of The Vice Counsel At The Consulate General Of India In Manhattan Debashish Biswas. She Was Arrested And Kept In Custody For Over 24 Hours Despite Having Diplomatic Immunity.

Krittika Has Sued New York City For Handcuffing Her And Locking Her Up In Prison For A Crime She Never Committed.

She Was Suspended From School In February Earlier This Year, But Later Taken Back After The School's Principal Nailed Down The Real Perpetrator.

 

[adwityagrata]

Student wrongly accused of cyberbullying teacher sues city - NY Daily News

High school student Krittika Biswas, who is the daughter of an Indian diplomat, was arrested and handcuffed in a cyber bullying case.

The daughter of an Indian diplomat who was wrongly accused of sending threatening e-mails to a teacher last year is suing the city for $1.5 million.
Krittika Biswas, 19, is seeking damages for false arrest and malicious prosecution, according to a lawsuit brought Monday in Manhattan Federal Court.

The lawsuit says that Biswas was so traumatized by the incident that she left the country.

She is now pursuing college studies in science and engineering in her native India.

"I was very broken down after this," Biswas said a year ago when she announced her intention to sue.

"One of my friends asked me, 'Aren't you shameful. You got arrested?' So I was like, 'I didn't do anything,'" she said.

Her arrest for cyberbullying her math teacher took place at John Bowne High School in Flushing, where she was an honors student. At the time, her father was vice consul of the Indian Consulate in New York.

Biswas was dragged out of the school in handcuffs and spent the night in jail.

The next day, the charges were dropped.

The lawsuit says another student admitted sending the e-mails but he was never arrested.

The court papers say that even though the criminal case was dismissed, school officials still suspended Biswas, sending her to another school that was "akin to a reform school."

City lawyers said they could not comment because they had not seen the lawsuit.

Diplo daughter’s ‘keyed’ up | New York Post

A Queens honors student and daughter of a high-level Indian diplomat says she was arrested and suspended from high school for a crime she didn’t commit — cyber-bullying her teachers — and now she wants $1.5 million and a key to the city to make things right.

John Bowne HS senior Krittika Biswas was paraded out of school in handcuffs Feb. 8 before spending 28 hours in a dank cell at Queens Central Booking.

Although charges against her were dropped and her record expunged by the Queens district attorney, school officials insisted on booting the brainy 18-year-old to a suspension center for more than a month.

The male classmate finally identified by Principal Howard Kwait as the culprit avoided arrest because the school declined to press charges.

“I was walked out of school in handcuffs in front of everybody,” Biswas said at a press conference at City Hall yesterday.

“I was very broken down after this,” added Biswas, the daughter of the vice consul at the Consulate General of India in Manhattan, Debashish Biswas.
The e-mails in question were sexually explicit, with disturbing references to incest, rape and prostitution.

Among the few printable phrases is “You damned disgusting bastard . . . Burn in hell!”

Family lawyer Ravi Batra says the school bungled basic elements of its probe by misunderstanding how to read Internet Protocol addresses — which pinpoint an e-mail’s origin — and by using circumstantial evidence.

Among the clues used against her was that Biswas was the only student in both teachers’ classes, that she speaks French and one of the e-mails used a French curse word, and that she had complained about the instruction level of one of the teachers on Facebook.

However, officials apparently ignored the fact that Biswas had asked that same teacher for a college recommendation letter while the flurry of nasty e-mails was ongoing.

“It’s stupid, it’s criminally stupid, and it doesn’t say much about our disciplinary system in the schools,” said Batra. “The incompetence level that was functioning at John Bowne HS is beyond pathetic.”

He added that because the “unbelievable insult” was being relayed throughout diplomatic circles, Mayor Bloomberg could smooth things over by giving Biswas a key to the city.

“This would be a clear signal by the mayor . . . that diplomats are welcome in New York,” said Batra.

The city’s Law Department said it would evaluate the case “thoroughly” once the notice of claim was formally served.

 

[Solomon2]

“Family Members Of A Consul At A Consular Post, Have Immunity From Arrest Or Detention Unless A Judge Issues A Warrant For Arrest, And That Too For A ‘Grave Crime,’ A Felony”

Under the Vienna Consular Convention that is true for family members who live in the Consul's household. However, members of Consul's family - including minors - who are not part of the household don't have this immunity.

Sometimes the kids move in with a boyfriend or girlfriend and thus lose their immunity. Sometimes the kids decide to move into a friend's house so they can get a job and earn some money, since the Vienna Consular Convention also forbids family members enjoying immunity "private gainful" employment. (Which didn't seem to affect one terror on the streets of 1980s Washington, a pizza delivery car bearing diplomatic plates.)

 

[adwityagrata]

Under the Vienna Consular Convention that is true for family members who live in the Consul's household. However, members of Consul's family - including minors - who are not part of the household don't have this immunity.

Sometimes the kids move in with a boyfriend or girlfriend and thus lose their immunity. Sometimes the kids decide to move into a friend's house so they can get a job and earn some money, since the Vienna Consular Convention also forbids family members enjoying immunity "private gainful" employment. (Which didn't seem to affect one terror on the streets of 1980s Washington, a pizza delivery car bearing diplomatic plates.)

LOL. This is an Indian girl and an Indian family you are talking about. Not an American family.

I can assure you that No Indian parent is going to allow their 18 year old daughter to move away and say outside their house



Lawsuit by Indian diplomat's daughter to continue: US court | NDTV.com

October 03, 2013 (Look at the Time lines, in December 2013 they arrest the Indian diplomat )

New York: A US federal judge here has refused to dismiss a lawsuit filed against New York City and police officials by an Indian diplomat's daughter, who is seeking $1.5 million in damages for being jailed for a day on suspicion of sending obscene emails to her teacher.

US District Court Judge John Koeltl of the Southern District of New York ruled in a 78-page order that the case filed by Krittika Biswas will not be dismissed in its entirety as sought by the defendants New York City, the New York Police Department and New York City Department of Education.

Ms Biswas had filed the lawsuit seeking $1.5 million in damages for her wrongful imprisonment and suspension from school.

She was detained and arrested in February 2011 on the grounds that she had sent "offensive and sexually threatening" emails to her teacher in Queens's John Browne High School.

The defendants have moved to "dismiss" the lawsuit "in its entirety for failure to state a claim" under federal rules.

The lawsuit details the circumstances that led to Biswas being handcuffed and her forced imprisonment for approximately 28 hours "for nothing".

Ms Biswas was "forced to be processed through the criminal justice system, and spent over 24 hours in jail without being allowed to meet her parents or visited by senior Indian diplomats. All of this occurred, despite her actual innocence as this was a case of mistaken identity", it said.

It states that Ms Biswas was discriminated against and falsely accused of sending offensive e-mails because of her ethnicity.

The school and police authorities "selected Krittika for false arrest and detention, malicious prosecution, suspension and disciplinary treatment due to her race and ethnicity as an Indian of South East Asian decent", it said.

Koeltl ruled that "although instances of tension between a teacher and a student over academic matters may have suggested motive for the student to send out threatening or offensive e-mails, merely one or two such instances do not 'constitute...even a strong reason to suspect'".

Ruling in favour of Biswas, Koeltl said the court cannot conclude that these facts, which the defendants contend were relied upon by the NYPD individuals, were sufficient to establish probable cause.

"The plaintiff has alleged sufficient facts to hold defendants liable for false arrest," he said.

Among the claims that have not been withdrawn are false arrest, excessive force, conspiracy and malicious prosecution.

"If they again survive the defendants' summary judgement motion, a just jury will decide defendants' guilt, and how much Krittika is owed in money damages for injuries caused by defendants' misconduct," Ms Biswas's lawyer Ravi Batra said.

India has said it had taken up the case "very seriously" with the US government.

 

[adwityagrata]

Indian girl sues New York City over wrongful arrest - The Hindu

An Indian diplomat's daughter is suing New York City's government for $1.5 million over a wrongful arrest on suspicion of sending obscene e-mails to her teacher in Queens' John Browne High School. She was subsequently cleared of the offence.

Krittika Biswas, daughter of the vice-counsel at the Indian Consulate in Manhattan, Debashish Biswas, also claims she was ill-treated in prison and was forced to go to the toilet in front of other prisoners.

Her lawyer, Ravi Batra, said her arrest on February 8, which lasted more than 24 hours, was a violation of international, federal, State and city law.

Mr. Batra said that neither the father nor the Consulate General of India, Prabhu Dayal, was informed of the arrest.

DIPLOMATIC IMMUNITY

Mr. Batra claimed Ms. Biswas (18) had diplomatic immunity that prevented her from being arrested. But the Consulate General said U.S. authorities informed him the immunity did not extend to family members of the diplomat. “That did not cut any ice,” he told PTI.

“They based it [the arrest] on basically nothing,” said Ms. Biswas, adding the school did not suspend or arrest the Chinese student who actually sent the e-mails. “I don't know why he wasn't arrested... the principal pushed for my arrest.”

Ms. Biswas said a police officer told her if she did not confess she would have to spend time in prison with prostitutes and persons with HIV. “I was sitting there [school] with handcuffs on,” she said.

The New York Police Department did not respond to calls and an e-mail seeking response.

Mr. Batra lashed out at Principal Howard Kwait and the teacher, Jamie Kim Ross, who was the recipient of the emails.

“They did not do the due diligence before getting her arrested,” he said. “They were dead wrong.”

Mr. Dayal said Ms. Biswas deserved compensation from the government. “She has undergone mental torture and physical torture,” he said. “This has scarred her mind for the rest of he life.

However, the incident has no bearing on India-U.S. relations, said Mr. Dayal. “This is an aberration... a wrongful act of local officials,” he said.

Mr. Batra suggested that Mayor Michael Bloomberg give Ms. Biswas “a key to the city” to “unruffle some of the ruffled feathers."

 

[Solomon2]

METRO

Diplo daughter’s ‘keyed’ up
May 25, 2011 | 4:00am

Modal Trigger

BULLY FOR YOU: Krittika Biswas is suing the city for $1.5 million and, rather oddly, a key to the city.Photo: Daniel Shapiro

A Queens honors student and daughter of a high-level Indian diplomat says she was arrested and suspended from high school for a crime she didn’t commit — cyber-bullying her teachers — and now she wants $1.5 million and a key to the city to make things right.

John Bowne HS senior Krittika Biswas was paraded out of school in handcuffs Feb. 8 before spending 28 hours in a dank cell at Queens Central Booking.

Although charges against her were dropped and her record expunged by the Queens district attorney, school officials insisted on booting the brainy 18-year-old to a suspension center for more than a month.

The male classmate finally identified by Principal Howard Kwait as the culprit avoided arrest because the school declined to press charges.

“I was walked out of school in handcuffs in front of everybody,” Biswas said at a press conference at City Hall yesterday.

“I was very broken down after this,” added Biswas, the daughter of the vice consul at the Consulate General of India in Manhattan, Debashish Biswas.

The e-mails in question were sexually explicit, with disturbing references to incest, rape and prostitution.

Among the few printable phrases is “You damned disgusting bastard . . . Burn in hell!”

Family lawyer Ravi Batra says the school bungled basic elements of its probe by misunderstanding how to read Internet Protocol addresses — which pinpoint an e-mail’s origin — and by using circumstantial evidence.

Among the clues used against her was that Biswas was the only student in both teachers’ classes, that she speaks French and one of the e-mails used a French curse word, and that she had complained about the instruction level of one of the teachers on Facebook.

However, officials apparently ignored the fact that Biswas had asked that same teacher for a college recommendation letter while the flurry of nasty e-mails was ongoing.

“It’s stupid, it’s criminally stupid, and it doesn’t say much about our disciplinary system in the schools,” said Batra. “The incompetence level that was functioning at John Bowne HS is beyond pathetic.”

He added that because the “unbelievable insult” was being relayed throughout diplomatic circles, Mayor Bloomberg could smooth things over by giving Biswas a key to the city.

“This would be a clear signal by the mayor . . . that diplomats are welcome in New York,” said Batra.

The city’s Law Department said it would evaluate the case “thoroughly” once the notice of claim was formally served.

Additional reporting by Ikimulisa Livingston

yoav.gonen@nypost.com

Solomon2 comment: since the emails explicitly threatened violence and the threat was immediate, the "grave threat" justification for arrest under the Consulate Convention is fulfilled. It seems an honest case of mistaken identity and school administration incompetence. Charges against the student were dropped.

That leaves the claimed failure of the police to notify the consulate of the arrest in a timely fashion and the student's one-month suspension.

 

[oFFbEAT]

^^^^
The above incident in 2011.....what happened after that.....did she get any compensation????

 

[Anees]

METRO

Diplo daughter’s ‘keyed’ up
May 25, 2011 | 4:00am

Modal Trigger

BULLY FOR YOU: Krittika Biswas is suing the city for $1.5 million and, rather oddly, a key to the city.Photo: Daniel Shapiro

A Queens honors student and daughter of a high-level Indian diplomat says she was arrested and suspended from high school for a crime she didn’t commit — cyber-bullying her teachers — and now she wants $1.5 million and a key to the city to make things right.

John Bowne HS senior Krittika Biswas was paraded out of school in handcuffs Feb. 8 before spending 28 hours in a dank cell at Queens Central Booking.

Although charges against her were dropped and her record expunged by the Queens district attorney, school officials insisted on booting the brainy 18-year-old to a suspension center for more than a month.

The male classmate finally identified by Principal Howard Kwait as the culprit avoided arrest because the school declined to press charges.

“I was walked out of school in handcuffs in front of everybody,” Biswas said at a press conference at City Hall yesterday.

“I was very broken down after this,” added Biswas, the daughter of the vice consul at the Consulate General of India in Manhattan, Debashish Biswas.

The e-mails in question were sexually explicit, with disturbing references to incest, rape and prostitution.

Among the few printable phrases is “You damned disgusting bastard . . . Burn in hell!”

Family lawyer Ravi Batra says the school bungled basic elements of its probe by misunderstanding how to read Internet Protocol addresses — which pinpoint an e-mail’s origin — and by using circumstantial evidence.

Among the clues used against her was that Biswas was the only student in both teachers’ classes, that she speaks French and one of the e-mails used a French curse word, and that she had complained about the instruction level of one of the teachers on Facebook.

However, officials apparently ignored the fact that Biswas had asked that same teacher for a college recommendation letter while the flurry of nasty e-mails was ongoing.

“It’s stupid, it’s criminally stupid, and it doesn’t say much about our disciplinary system in the schools,” said Batra. “The incompetence level that was functioning at John Bowne HS is beyond pathetic.”

He added that because the “unbelievable insult” was being relayed throughout diplomatic circles, Mayor Bloomberg could smooth things over by giving Biswas a key to the city.

“This would be a clear signal by the mayor . . . that diplomats are welcome in New York,” said Batra.

The city’s Law Department said it would evaluate the case “thoroughly” once the notice of claim was formally served.

Additional reporting by Ikimulisa Livingston

yoav.gonen@nypost.com

Solomon2 comment: since the emails explicitly threatened violence and the threat was immediate, the "grave threat" justification for arrest under the Consulate Convention is fulfilled. It seems an honest case of mistaken identity and school administration incompetence. Charges against the student were dropped.

That leaves the claimed failure of the police to notify the consulate of the arrest in a timely fashion and the student's one-month suspension.

and what is that ?????

 

[adwityagrata]

Solomon2 comment: since the emails explicitly threatened violence and the threat was immediate, the "grave threat" justification for arrest under the Consulate Convention is fulfilled. It seems an honest case of mistaken identity and school administration incompetence. Charges against the student were dropped.
That leaves the claimed failure of the police to notify the consulate of the arrest in a timely fashion and the student's one-month suspension.

So any time a school receives an email threatening them, they will arrest a random student and put them in Jail ?

I find your attempts to defend this shameful action by the school and New York police dept. quite pathetic.

Do you have kids ? would you take this same ambiguous stand if you own kids are arrested in a foreign country and put in jail ? What happened was totally wrong and there is certainly a strong whiff of racial bias.

All the cases against Indian diplomat seems to have occurred after this incident. It would appear as if the city of NY have declared war against India.

 

[Solomon2]

the Consulate General said U.S. authorities informed him the immunity did not extend to family members of the diplomat. “That did not cut any ice,” he told PTI.

The Consulate treaty is indeed a bit ambiguous on this matter. Articles 41 & 42, which deal with arrest and notification, only mention consular officers and staff. While Article 53 says families get the same immunities as the Consul, the immunity referred to is that of the officer in the performance of his "consular functions" - which means immunity from prosecution is only partial.

That's the same ambiguity that made the question of Raymond Davis' status - consular or diplomatic - so important: if he was consular, he could be prosecuted in Pakistani courts; if he was diplomatic, he could not. (The Pakistanis here remember how that went: Davis' victims' families paid off and Davis himself whisked out of the country.)

So the police apparently didn't have to notify the consul. (Though by my standard not doing so was reprehensible, considering the student's status as a minor.) Suing the city probably won't work.

That leaves going after the school system. Do they operate under some rigid post-Columbine rules that makes stupidity mandatory? If so, suing and winning damages is the route to go here. If it's a law - well, I don't know if suing will get anywhere.

Hope she gets the key to the city.

and what is that ?????

Incompetence, stupidity, embarrassment, plus the fact that the threat no longer was immediate?

 

[adwityagrata]

^^^^
The above incident in 2011.....what happened after that.....did she get any compensation????

Refer to post #5

 

[Solomon2]

I find your attempts to defend this shameful action by the school and New York police dept. quite pathetic.

You think I'm defending the school and NYPD? I'm assessing this lawsuit's chances of success.

Do you have kids ? would you take this same ambiguous stand if you own kids are arrested in a foreign country and put in jail ?

I'm not saying that the reaction of India's representatives was wrong. Sometimes these things are confusing and muddled and not obvious. The difference in cultures and legalities, for example, might make it appear that racial bias was a factor, whereas it may not have been at all. The court case can resolve the culture clashes and should improve matters the next time something similar happens.