Indian deputy consul general arrested in US on visa fraud charges

[Iggy]

Diplomat row: US holds back details of embassy staff’s salary

India is ready to harden its stand against the US authorities “dragging their feet” on providing information about names and salaries of Indians working at the embassy and its four consulates in New Delhi.

The external affairs ministry had sought the information from the US authorities in the wake of the ill treatment meted out to Indian diplomat Devyani Khobragade on the charges of visa fraud and underpaying her nanny.

The idea behind seeking this information was apparently to find out whether the US is paying its Indian staff in embassies and consulates as per its laws.

Since the Khobragade row also involves her being charged for not paying her nanny the US minimum wages, New Delhi was keen to know whether Indian staffers working in US missions here — which are US territories — are being paid the minimum wages as per American law.

The deadline for submitting these details, including the names and salaries of those working as helps in the households of US diplomats and other officials, was December 23, but the US has sought more time.

Khobragade has submitted that she paid the nanny $1,560 a month (in line with US labour laws) and suggested that the US authorities had goofed up, mistaking her $4,500 salary in the nanny’s visa form as the latter’s salary.

Khobragade’s defence will be that she and the nanny were in a mutually agreed and advantageous contractual relationship, for which there are material evidences and witnesses.

These contracts include the mandatory state department contract, signed on November 11, and the one signed in India for sending `30,000 per month to India.

http://www.hindustantimes.com/india-news/diplomat-row-us-holds-back-staff-salary-
details/article1-1166413.aspx

seems like they have something to hide too..

 

[Sashan]

@Sashan I think the article sheds the light on India's perspective of the entire episode.

In Raymond Davis' case diplomatic immunity was not granted by Pakistan. Rather his case was resolved using the application of local law - izzat or payment of money under Shariah was made to the victim's families and he was released. So he in fact faced the local laws.

 

[Srinivas]

In Raymond Davis' case diplomatic immunity was not granted by Pakistan. Rather his case was resolved using the application of local law - izzat or payment of money under Shariah was made to the victim's families and he was released. So he in fact faced the local laws.

Do you support this kind of behavior from USA???

 

[Sashan]

1.every diplomat deserves to be treated with respect.they are not some random citizens.they represent a country
2.MEA consulted with state department 3 times of which no response was given the first two times and they reciprocated with an arrest on the last one
3.why dont you consider the same things for maid aswell.she dont spend a single dollar there.all her salary was sent to home.she was given a seperate room in diplomat's house.food,travel expenses,telephone charges,medical bills,clothes and everything is provided by the diplomat.she goes to beauty parlour every week!! i dont know how many maids in india does that.
4.she is not the first diplomat to lie and she wont be the last.every u.s state department person know that.the maid declared her salary in her visa so why did they allow her first of all!!the diplomat also has a driver and i'm sure he wont be paid $4500 a month.why only the maid and why only this diplomat when every other one is left out??
5.the maid agreed to30000 rupees per month salary and what made her to play a victim card all of a sudden??
6.how did this become a human trafficking case??all her mistake is she lied nothing else.the maid is not a small kid to kidnap her and keep her as a slave!!gullible Americans always trust their govt.

the reason is simple..an ambitious prosecutor and a green card greedy maid colluded together for their personal gains to harass a diplomat of a country which once they belong to.

Whether this consular officer represent a country or not is very subjective. Question can be raised whether she represented a country - a person who should be a role model to other Indians here in US but who commits visa fraud and breaking the local law with impunity for her own personal benefit.

MEA contacted US DOS 3 times but related to warrant in Indian court by which time, US DOJ had started its own enquiry after the maid had obviously reached out to US DOJ. But US DOS advised the MEA on the case against Devyani in September.

Maid was paid beyond what she was paid in India but her payment falls short of the US standards. But do not compare with what the maid was getting in India and here. The whole crux is about how she was treated and we do not know the details. You claim that she was treated well whereas she had obviously sort out to US DOJ on the mistreatment. Either she is very very manipulative which I highly doubt it considering she was cahoots with Devyani as well in filing visa documents and so would not know how the US authorities will view her. Even a H1B who is legally on the right side of the law would be very very hesitant here in US to reach out to US authorities and I have seen many here.

The maid agreed for rs 30,000 but who knows what turned up later? But what astounds me is there is none of a benefit of doubt given to the maid by many here and have painted her as a villain. I do not have a clear view except as I mentioned if educated H1B professionals can find it difficult to reach out to US authorities, she couldn't have imagined what would happen to her. So I would rather give the benefit of doubt to the maid. Even you have been claiming that she is ambitious in getting a green card but it is extremely difficult for someone in a new country with an alien language(It takes a while to get familiar with American accent even if one knows English) and not much of an education to plan things as has been portrayed by many here.

Do you support this kind of behavior from USA???

In this case, yes. There are no legal procedures broken by USA. And Devyani has broken US laws just like the one before in 2010, Neena Malhotra who fled to India after torturing a 17 year old under the diplomatic cover. Bringing the maids and underpaying them is not something I condone.

Beyond that, personally I believe that Devyani is a crook. Reading more about Devyani - Adarsh scam where she had occupied an apartment meant for war widows, her influential dad facilitating her training, her declaring the assets to be around 11 crores but the income to be around 1.25 lakhs per annum(anyone knows that the claims of only returns of 0.1% of total asset value in a year is balony)

 

[Srinivas]

In this case, yes. There are no legal procedures broken by USA. And Devyani has broken US laws just like the one before in 2010, Neena Malhotra who fled to India after torturing a 17 year old under the diplomatic cover. Bringing the maids and underpaying them is not something I condone.

It is not about obeying local laws, It is about the outrageous behavior of US diplomats all around the world and the US Govt. which is ready to protect them using its power. There are various incidents which can be cited as an example for USA's double standards and hypocrisy.

India will do what it has to be done to get the diplomat out and will protest for US state department's barbaric act on Indian citizen.

Beyond that, personally I believe that Devyani is a crook. Reading more about Devyani - Adarsh scam where she had occupied an apartment meant for war widows, her influential dad facilitating her training, her declaring the assets to be around 11 crores but the income to be around 1.25 lakhs per annum(anyone knows that the claims of only returns of 0.1% of total asset value in a year is balony)

This has nothing to do with this case, it is a matter in the Indian Jurisdiction. This issue is not related to personal behavior but about Indian diplomat who was humiliated because of political reasons.

 

[Sashan]

It is not about obeying local laws, It is about the outrageous behavior of US diplomats all around the world and the US Govt. which is ready to protect them using its power. This are various incidents which can be cited as an example for USA's double standards and hypocrisy.

India will do what it has to be done to get the diplomat out and will protest for US state department's barbaric act on Indian citizen.



This is nothing to do with this case, it is a matter in the Indian Jurisdiction. This issue is not related to personal behavior but about Indian diplomat who was humiliated because of political reasons.

My personal take is simple - why accord special privilege to US diplomats even for that sake even in India.

Beyond that, lets agree to disagree mate. Lets see how the case unfolds.

 

[Star Wars]

Diplomat row: US holds back details of embassy staff’s salary
India is ready to harden its stand against the US authorities “dragging their feet” on providing information about names and salaries of Indians working at the embassy and its four consulates in New Delhi.

The external affairs ministry had sought the information from the US authorities in the wake of the ill treatment meted out to Indian diplomat Devyani Khobragade on the charges of visa fraud and underpaying her nanny.

The idea behind seeking this information was apparently to find out whether the US is paying its Indian staff in embassies and consulates as per its laws.

Since the Khobragade row also involves her being charged for not paying her nanny the US minimum wages, New Delhi was keen to know whether Indian staffers working in US missions here — which are US territories — are being paid the minimum wages as per American law.

The deadline for submitting these details, including the names and salaries of those working as helps in the households of US diplomats and other officials, was December 23, but the US has sought more time.

Khobragade has submitted that she paid the nanny $1,560 a month (in line with US labour laws) and suggested that the US authorities had goofed up, mistaking her $4,500 salary in the nanny’s visa form as the latter’s salary.

Khobragade’s defence will be that she and the nanny were in a mutually agreed and advantageous contractual relationship, for which there are material evidences and witnesses.

These contracts include the mandatory state department contract, signed on November 11, and the one signed in India for sending `30,000 per month to India.

http://www.hindustantimes.com/india-news/diplomat-row-us-holds-back-staff-salary-
details/article1-1166413.aspx

seems like they have something to hide too..

Of course they Do , their Hypocrisy is going to be exposed ..BIG time

 

[rubyjackass]

In Raymond Davis' case diplomatic immunity was not granted by Pakistan. Rather his case was resolved using the application of local law - izzat or payment of money under Shariah was made to the victim's families and he was released. So he in fact faced the local laws.

Don't you have any shame saying what you just said? In Raymond Davis' case, after he killed two people, his name was added into a US diplomats list. Obama, the president of USA then claimed that Davis had immunity(diplomatic immunity by the way). By the time, the whole world knew that he was a CIA agent. Just because there was a backdoor in Pakistan, it does not mean the USA did not claim the heaven for its 'diplomat' Davis. In Davis' case, he would either be with the local law or a lynch mob. Don't act like the US let Pakistani authorities take him because they respected the local law.

Devyani represented India in USA. She should be treated as such.

 

[manlion]

The diplomat's arrest: The Tuticorin connection - Rediff.com India News

 

[Manas]

Devyani Khobragade had full diplomatic immunity at the time of arrest - Financial Express

In a new twist, it has now emerged that senior Indian diplomat Devyani Khobragade enjoyed full diplomatic immunity including from personal arrest and detention on December 12 when she was taken into custody by the US authorities in a visa fraud case.

39-year-old Devyani Khobragade, who was posted as Deputy Consul General in New York, was also accredited as an "Advisor to the Permanent Mission of India to the United Nations" by the UN w.e.f. 26th August 2013 and her status as an Advisor was valid until 31 December 2013. The accreditation was for the UN General Assembly 2013.

Under the "Convention on the Privileges and Immunities of the United Nations", Article 4 Section 11A specifies "Immunities from personal arrest or detention and from the seizure of their personal baggage" of all representatives of members to the UN and further the Article specifies that the expression "Representative" shall be deemed to include all Delegates, Deputy Delegates, Advisors, Technical Experts and Secretaries of delegations.

"Her arrest, therefore, on December 12th 2013 was contrary to her status on that date," sources said.

The sources also said India has taken up the matter with the US State Department.

The 1999-batch IFS officer was arrested on December 12 on charges of making false declarations in a visa application for her maid Sangeeta Richards. The diplomat was released on a USD 250,000 bond after being charged with visa fraud.

Subsequent revelations that she was strip searched and held with criminals triggered a row between the two sides with India downgrading privileges of certain category of US diplomats among other steps.

 

[Sashan]

Don't you have any shame saying what you just said? In Raymond Davis' case, after he killed two people, his name was added into a US diplomats list. Obama, the president of USA then claimed that Davis had immunity(diplomatic immunity by the way). By the time, the whole world knew that he was a CIA agent. Just because there was a backdoor in Pakistan, it does not mean the USA did not claim the heaven for its 'diplomat' Davis. In Davis' case, he would either be with the local law or a lynch mob. Don't act like the US let Pakistani authorities take him because they respected the local law.

Devyani represented India in USA. She should be treated as such.

Understand the difference. One committed the crime in his line of work while other committed crime for her own personal benefit. And both countries tried the diplomatic immunity route. But the question back at you - how come you have the temerity in comparing both the situations - one was in the line of work and another was for her own personal benefit?

 

[Manas]

thats a surprise, Indian girls love our men I can understand that. she is not the first or the last one

Not so fast , Her husband is an Indian American named Akash Singh Rathore.

 

[manlion]

Not so fast , Her husband is an Indian American named Akash Singh Rathore.

her husband is an American {wine specialist/ uni professor), yet they cheat and employ a maid from India, she and the maid are both products of corrupt India ..


Prabhu Dayal, Indian diplomat

Cases of desertion by domestic assistants are not new. For decades, domestic assistants accompanying our diplomats to the US have gone missing, preferring to stay there illegally and pursue their dollar dreams.

Countless security guards, including many from the police and paramilitary services, have also done likewise./QUOTE]

 

[Solomon2]

New Delhi was keen to know whether Indian staffers working in US missions here — which are US territories — are being paid the minimum wages as per American law.

The Indian gov't is quite aware that U.S. consular officials are obligated in this matter to comply with local laws, not American. Does India have laws stating that consuls are to pay their Indian domestics at the minimum wages of the sending state? I would guess not.

The Consular Convention says in Article 49-F: "...Members of the consular post who employ persons whose wages or salaries are not exempt from income tax in the receiving State shall observe the obligations which the laws and regulations of that State impose upon employers concerning the levying of income tax."

If the domestics are exempt from income tax, it appears the wages data need not be disclosed; if they are not exempt, it's likely the data is already being disclosed to Indian authorities, and what we're seeing is just for show.

In a new twist, it has now emerged that senior Indian diplomat Devyani Khobragade enjoyed full diplomatic immunity including from personal arrest and detention on December 12 when she was taken into custody by the US authorities in a visa fraud case.

39-year-old Devyani Khobragade, who was posted as Deputy Consul General in New York, was also accredited as an "Advisor to the Permanent Mission of India to the United Nations" by the UN w.e.f. 26th August 2013 and her status as an Advisor was valid until 31 December 2013. The accreditation was for the UN General Assembly 2013.

Just because a consul assumes diplomatic duties does not, by itself, give the consul immunity.

Article 17-2 of the Consular Convention:

A consular officer may, after notification addressed to the receiving State, act as representative
of the sending State to any intergovernmental organization. When so acting, he shall be entitled to enjoy any privileges and immunities accorded to such a representative by customary international law or by international agreements; however, in respect of the performance by him of any consular function, he shall not be entitled to any greater immunity from jurisdiction than that to which a consular officer is entitled under the present Convention.

 

[Solomon2]

In a new twist, it has now emerged that senior Indian diplomat Devyani Khobragade enjoyed full diplomatic immunity...

Under the "Convention on the Privileges and Immunities of the United Nations", Article 4 Section 11A specifies "Immunities from personal arrest or detention and from the seizure of their personal baggage" of all representatives of members to the UN and further the Article specifies that the expression "Representative" shall be deemed to include all Delegates, Deputy Delegates, Advisors, Technical Experts and Secretaries of delegations.

SECTION 11. Representatives of Members to the principal and subsidiary organs of the United Nations and to conferences convened by the United Nations, shall, while exercising their functions and during the journey to and from the place of meeting, enjoy the following privileges and immunities:
(a) Immunity from personal arrest or detention...
...(g) Such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy...

No, Khobragade doesn't get full immunity just because she was an advisor to the permanent mission. In fact, it gets worse for her AND India:

SECTION 14. Privileges and immunities are accorded to the representatives of Members not for the personal benefit of the irdividuals themselves, but in order to safeguard the independent exercise of their functions in connection with the United Nations. Consequently a Member not only has the right but is under a duty to waive the immunity of its representative in any case where in the opinion of the Member the immunity would impede
the course of justice, and it can be waived without prejudice to the purpose for which the immunity is accorded.