Indian deputy consul general arrested in US on visa fraud charges

[FaujHistorian]

Congress taking a stand? Sonia and Singh have spines made of wet clay. India is not China or Russia. America will bully India with no fear.

ON this issue, BJP/Modi will behave exactly the same way as Congress.

 

[Solomon2]

1. So GRAVE that the US court give her Bail the same day

The only "special treatment" the Consul merited under treaty is speedy disposition of her case. While the arrest was standard procedure apparently there was no reason to keep her in jail, hence bail was granted immediately.

There is NO case for Enslavement. Only claims of disparity in Pay which is contentious considering the Nanny's Free House rent, Free food -

The State Dept. has made it quite clear for some time (since March, 2011) that freebies cannot compensate for salary: link

It was the nanny who claimed a salary of more than 4,500$ when she filled the DS 160 form for A3 visa. Why is she not arrested for Visa fraud when she already had a contract with the diplomat for a far lesser salary ?

It's the consul's responsibility to review the form and under U.S. law the DC had to pay a salary that conforms with U.S. law, not Indian. I think the State Dept. also interviews A-3 applicants and tries to make them aware of the information in this pamphlet: link Certainly it was the DC's responsibility to know the contents of the info pamphlet: it's the standard handout and guide for all students and temporary workers. Are there any Pakistani students in the U.S. who haven't seen this pamphlet?

It can be clearly seen that the nanny was the one perpetuating the fraud...Shame on you for lying. There goes your credibility.

Don't be daft. Do you want India to turn into the same stew of unjustifiable hatred that exists next door in Pakistan?

Relevant clause is Article 41 which states,

1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. (Grave crime is usually defined as Murder, Rape, Robbery etc. )

Enslavement is robbing someone of their wages and usually their freedom. That makes it a "grave crime" by the standards of the U.S., the U.N., and the International Criminal Court.

I do not care if your president is born out of a water buffalo or a blue whale. We expct the US govt. to honor the conventions that has guided consular relations for hundreds of years. If you do not, You can be pretty sure we will find our own ways and means to get even. It is as simple as that.

You're fighting for the right to treat Indians as slaves. If India "wins" wouldn't its citizens lose far more than their country would gain?

 

[dray]

Body cavity search - Wikipedia, the free encyclopedia

There are two kinds of cavity searches: visual and manual. I wonder which one she got, or maybe she received both.

Maybe she was cavity searched before being thrown into a jail cell. Cavity search is standard in American county jails, where prostitutes and drug users are sent before a hearing can be arranged. I just hope she wasn't inspected 'physically'.

Here's what Wikipedia says about this:

"Items can be concealed in a number of body cavities. For example, objects may be concealed by inserting them into the rectum. Illegal drugs can be placed in condoms and temporarily stored in the colon. Cylinders such as cigar tubes are used to hide money, intravenous syringes, and knives. Duplicate handcuff keys can be concealed in many body orifices. These goods are considered valuable inside a prison and can pose a security risk to staff and inmates at such facilities.

In a thorough visual body cavity search, a flashlight is used to illuminate body orifices, including nostrils, ears, mouth, navel, penis (urethra and foreskin) or vagina, and rectum. Generally, the detainee is required to manipulate these body parts so that they can be examined.

During manual body cavity searches, body orifices are probed using fingers or the entire hand. The circumstance in which these inspections may be done is often restricted. For example, they are done on individuals refusing to offer to consent to a visual body cavity search or in situations where there is strong evidence to suspect the presence of contraband.

The cavity search has proven ineffective in the prevention of smuggling objects as it can not detect objects in the intestines or stomach. It has become normal for authorities to isolate individuals in a monitored environment until they pass excretia and/or to x-ray the individual as it is less invasive and psychologically damaging."



She was cavity searched, most likely with a gloved hand to probe her anus and vagina. Cavity search is frequently performed at county jails before arraignment hearings.

What is a full body cavity search? - India - DNA

What is a full body cavity search?

A full body cavity search is a visual search or manual internal inspection of body cavities for prohibited material such as illegal drugs, money, jewellery, or weapons. This search is different from a strip search as it involves poking fingers or inserting the entire hand into suspect's rectums.

There are two types of BCS — visual and manual.

Visual body cavity search involves checking of body cavities like nostrils, ears, mouth, penis, vagina and rectum with the help of a flashlight. The person undergoing this search needs to regulate the body parts for a proper examination.

Manual search involves body cavities being examined using a finger or the entire hand. However, this type of search is restricted to individuals who either refuse to cooperate with the authorities or when there is a proof of the suspect carrying any of the barred substances.

Guidelines to conduct the search:

According to a Hindu report, the US Marshals Service's (USMS) protocol documents, called the Prisoner Operations Service Directives, have a separate section dedicated to body searches.

As per the body search guidelines in the document, the USMS is authorised to carry out four types of searches — pat-down search, in-custody search, strip-search and digital cavity search.

The guidelines also state that while conducting a strip search that Marshals need to ensure that it is done in a private location where only designated personnel are allowed examine the detainee.

The rules further state that that the search be conducted by a member of the same sex unless it is a physician or nurse, and all efforts be made to protect the modesty of the person.

During the search, the designated officer can instruct the prisoner/detainee to take off all the loose things and conduct a thorough visual examination of the prisoner's body from head to toe.

In the next stage of inspection, the officer can check behind each ear and look inside the prisoner's ear canals, nostrils, and mouth, (under the tongue also), roof of the mouth, and between the lips and gums.

They are also authorised to visually inspect the front part of the body, paying close attention to areas such as armpits, breasts, and genital area.

The protocol also authorises the officer to direct the prisoner to “spread her legs and bend forward at the waist [to] observe the anus area and genitals from the rear.”

Lastly, the protocol advises conclusion of the examination with an observation of the bottoms and between the toes of both feet.

I suggest moderators should remove this thread completely from PDF server and permanently ban this pervert if they are concerned about modesty of a woman, even if the woman is an Indian. The whole thread was opened in bad taste. @WebMaster @Zakii @Jungibaaz @Oscar @Aeronaut

 

[favabeans]

ON this issue, BJP/Modi will behave exactly the same way as Congress.

Even the combined outrage of the BJP and Congress won't matter in the face of American bullying. As I said before, India is no China or Russia. India is far to weak to stand up to America. There maybe a few protests lodged here and there, but in the end, India will have to bear this humiliation because India is simply too weak and America too strong.

Imagine if America retaliates by scrutinizing Indian visas, putting sanctions on Indian banks, or suspending the civil nuclear deal. What can India do in response?

India is nowhere near China. Even the Germans and the French command far more respect in Washington.

India is too weak to retrieve her honor: add yet another chapter to India's history of national humiliation.

 

[adwityagrata]

The only "special treatment" the Consul merited under treaty is speedy disposition of her case. While the arrest was standard procedure apparently there was no reason to keep her in jail, hence bail was granted immediately.

Irrelevant since the crime she was accused of was not Grave.

The State Dept. has made it quite clear for some time (since March, 2011) that freebies cannot compensate for salary: link

That is a mere technicality. The much larger issues is the US conspiracy to deny A3 visa to Indian to ensure such 'entrapment' of Indian diplomats and to humiliate India. Both of which are acts of an enemy state, not a friendly nation.

But your post also says this,

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Why is that the nanny was not arrested for "willful misrepresentation of a material fact, or fraud" , her visa canceled and she deported from the US since it was she who filled the form and lied to the US govt. ? especially since the Indian govt. also deemed her a fugitive.

It's the consul's responsibility to review the form and under U.S. law the DC had to pay a salary that conforms with U.S. law, not Indian. I think the State Dept. also interviews A-3 applicants and tries to make them aware of the information in this pamphlet: link Certainly it was the DC's responsibility to know the contents of the info pamphlet: it's the standard handout and guide for all students and temporary workers. Are there any Pakistani students in the U.S. who haven't seen this pamphlet?

The consul would have done so under directions from the Indian Foreign office, which in turn would have got an assurance from the US to permit this. The responsibility is purely of the Govt. of India and not the consul.

Don't be daft. Do you want India to turn into the same stew of unjustifiable hatred that exists next door in Pakistan?

I do not think pakistan's hate of US is unjustified. However that is none of my business. How and what India thinks and does will continue to remain our prerogative and privilege.

Enslavement is robbing someone of their wages and usually their freedom. That makes it a "grave crime" by the standards of the U.S., the U.N., and the International Criminal Court.

Spare me the "hero who has come to free the slaves" nonsense. No one from India buys into that tripe

Entrapment is inducing a person to commit an offense that the person would have otherwise been unlikely to commit. That too is a 'grave crime' by the standards of the Indian, the U.N., and the International Criminal Court.

You're fighting for the right to treat Indians as slaves. If India "wins" wouldn't its citizens lose far more than their country would gain?

Leave our fights to us. When we need your condescending 'advice' we will ask for it. Till then you can shove it up your ..... you know where.

 

[Solomon2]

Irrelevant since the crime she was accused of was not Grave.

It's "enslavement", which is classed as a "grave crime" by the U.N. and International Criminal Court.

That is a mere technicality. The much larger issues is the US conspiracy to deny A3 visa to Indian to ensure such 'entrapment' of Indian diplomats and to humiliate India. Both of which are acts of an enemy state, not a friendly nation.

Nonsense! All the info the consul needed to stay in compliance with U.S. law is publicly available in a standard pamphlet available to all foreign students and workers: link It's a consul's job to know such things.

Why is that the nanny was not arrested for "willful misrepresentation of a material fact, or fraud" , her visa canceled and she deported from the US since it was she who filled the form and lied to the US govt. ? especially since the Indian govt. also deemed her a fugitive.

The pamphlet linked to above explains a foreign workers' rights and protections under U.S. law in these circumstances.

The consul would have done so under directions from the Indian Foreign office, which in turn would have got an assurance from the US to permit this. The responsibility is purely of the Govt. of India and not the consul.

You can't expand consular immunity to cover the employer-domestic situation. If the consul did it on the direction of her government or colleagues, it's still her responsibility and she can go piss in their direction for giving her misleading advice.

I do not think pakistan's hate of US is unjustified. However that is none of my business.

Not talking about alleged Pakistani hatred of the U.S. I'm talking about Pakistanis' unjustifiable hatred of other Pakistanis which then breaks into large-scale violence.

Entrapment is inducing a person to commit an offense that the person would have otherwise been unlikely to commit.

I can't see that as an issue here. The leg India might be able to stand on is that its diplomats traditionally had this right to screw their domestics and the U.S. should respect that. It is an argument India might even win - to its lasting embarrassment and damage to its soul.

When we need your condescending 'advice' we will ask for it. Till then you can shove it up your ..... you know where...How and what India thinks and does will continue to remain our prerogative and privilege.

Is it not the duty of good friends to counsel one away from the paths of madness, even if such advice is unwelcome and results in a loud argument and temporary separation?

 

[IndoCarib]

I think this standoff is going to end soon. US is finally relenting

John Kerry calls India's National Security Advisor, voices 'regret' over handling of diplomat's arrest

Devyani Khobragade case: John Kerry calls India's National Security Advisor, voices 'regret' over handling of diplomat's arrest | NDTV.com

 

[Fattyacids]

I think this standoff is going to end soon. US is finally relenting

John Kerry calls India's National Security Advisor, voices 'regret' over handling of diplomat's arrest

Devyani Khobragade case: John Kerry calls India's National Security Advisor, voices 'regret' over handling of diplomat's arrest | NDTV.com

Expressing regret is not an apology!!!

 

[adwityagrata]

It's "enslavement", which is classed as a "grave crime" by the U.N. and International Criminal Court.

Claims you. India is pretty sure and convinced it is a clear case of Entrapment and conspiracy.

Nonsense! All the info the consul needed to stay in compliance with U.S. law is publicly available in a standard pamphlet available to all foreign students and workers: link It's a consul's job to know such things.

The pamphlet linked to above explains a foreign workers' rights and protections under U.S. law in these circumstances.

Which is exactly why this was Entrapment, starting with the US denying A3 visa to Indian consulate staff, in-spite of Indian asking repeatedly for it.

You can't expand consular immunity to cover the employer-domestic situation. If the consul did it on the direction of her government or colleagues, it's still her responsibility and she can go piss in their direction for giving her misleading advice.

If the consul performed an illegal act, US had the choice to revoke her status and deport her back to India.

The fact that they did not choose to do that again shows clear intent to humiliate and harass Indian diplomats.

Not talking about alleged Pakistani hatred of the U.S. I'm talking about Pakistanis' unjustifiable hatred of other Pakistanis which then breaks into large-scale violence.

Then I suggest you reduce the strength of your mission in India to minimize danger to your staff.

I can't see that as an issue here. The leg India might be able to stand on is that its diplomats traditionally had this right to screw their domestics and the U.S. should respect that. It is an argument India might even win - to its lasting embarrassment and damage to its soul.

We do see Entrapment as an issue here. In fact, how do we know that she was not a double agent who passed on information to the US ? Why did the US show such haste in ensuring her son and husband was given asylum in the US ?

They day US starts issuing A3 visas to Indian consul staff is the day we will consider revising our charges of entrapment.

Its a shame that thousands of Indians with valid H1, B1 visas do not get to experience such US generosity.

In fact this is a battle that US has lost to its ever lasting shame and regret and damage to its international relationship with India.

Is it not the duty of good friends to counsel one away from the paths of madness, even if such advice is unwelcome and results in a loud argument and temporary separation?

No one in India considered US a 'good friend'. At best we think you were 'Not an enemy - yet', however recent events have only reminded India why US cannot be trusted.

Let us first discuss 'Mutual Respect' before claiming any sort of 'Friendship'.

 

[IndoCarib]

Expressing regret is not an apology!!!

Whatever. There will be softening of stands on both sides. A formal apology from Obama himself may not come. I dont think US apologised to China last time when a Chinese diplomat was also arrested in a similar manner

 

[Fattyacids]

Whatever. There will be softening of stands on both sides. A formal apology from Obama himself may not come. I dont think US apologised to China last time when a Chinese diplomat was also arrested in a similar manner

It was a scuffle at the car park. The chinese diplomat wasn't humiliated in such way, naked body search and locked-up in jail with drugs addicts.
It would be absurd to involve the president at this level, but a simple apology either from the police or the State department is not too much to ask for. Question is how much pressure can India exert on the US?

 

[IndoCarib]

It was a scuffle at the car park. The chinese diplomat wasn't humiliated in such way, naked body search and locked in jail with drugs addicts.
It would be absurd to involve the president for such incident, but a simple apology either from the police or the State department is not too much to ask for. Question is how much pressure can India exert on the US?

Yes a scuffle in which the diplomat got injured. China did protest strongly.

State department apology is what India will be looking for. If they keep up the pressure they may get it.

 

[Contrarian]

all they'd have to do is declare her persona non grata, take away her credentials and send her and her maid on the next flight back to delhi

it would only be a problem if the maid were being beaten and threatened, the way some persian gulf princes do to their slaves

I think its something else.
It cant be this reason. Its too trivial for what US has done. Something else is going on that is not being revealed in the media.

 

[IndoCarib]

Kudos to India for defending the virtue and dignity of their women abroad and raping them at home.

yeah right. there are absoutely no rapes in your country

 

[bandit]

Kudos to India for defending the virtue and dignity of their women abroad and raping them at home.

Kudos to chinese for letting their embassy bombed and diplomats killed and not even allowed to whine about it