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Saudi diplomat booked for gangrape, police free woman, daughter from his Gurgaon residence.

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Filing FIR is standard procedure. However Nepal govt. can ask India to close the FIR.

They have booked as well. It has not simply remained at FIR. The guy will be officially asked to appear before police for questioning. Then the evidence will be processed and India will certainly ask KSA to waive his immunity so he can be arrested and prosecution can commence. If KSA asks for the diplomatic immunity to be respected, he will be expelled from India. Nepal can't ask India to close the FIR since they did not issue the FIR (the women did). A country cannot take over the jurisprudence of its citizens on Indian soil....they can only offer consular support and legal advice.

2. Nepal govt. can also ask the girls to withdraw their complaint in "larger interests".

They can. It's an option. But it will be unlikely since the evidence has already been gathered and things are in motion. Nepal would be made to look very weak and abetting miscarriage of justice if they did this. They would also have to really pull out the stops to convince these women to drop the charges given the extent of the proceedings so far...because if they don't nothing stops the women from releasing a media statement highlighting what Nepalese govt suggested they do. Nepalese govt legally cannot force or coerce these women.

That too it was the Nepalese high commission that tipped off the Indian police in the first place. Read the first few sentences in the article.

3. As per report, the larger crime was committed in SA. The girls were brought back only last week from SA.

You have misread it.

The statement given by the police:

According to Chechi, the two women were hired through a placement agent in Delhi. “They were also taken to Saudi Arabia and returned only last month. They had been held hostage since then,” he said.

“They were first taken to Saudi Arabia. The assault began after they returned… and were kept in captivity at his house,” said Bal Krishan, president of Maiti Nepal India, an NGO that carried out the rescue operation with the help of the Gurgaon Police.


The larger 4 month time period mentioned once at the start probably might refer to the more extensive time period covering such things as the threats etc rather than the assault.

India Judiciary DO NOT HAVE Jurisdiction over Saudi Diplomat. Do you understand this simple concept ?

I never said they did. Pressing charges and commencing detainment/arrest procedures are two very different things altogether. The charges will be officially sent to the court and filed...but no judge will issue an arrest warrant until they get the all clear from Saudi Arabia in waiving his immunity.

The solution cannot be Legal, it has to be diplomatic which is why Blood Money is the best way forward since you cannot ensure SA will act against this Diplomat who most probably have direct blood relationship with the king of SA.

It can certainly be a legal solution. However KSA has to be ready and willing for that option. I have already mentioned this before that it is unlikely given the way KSA diplomats are close to the royal family. We will have to wait and see.

Again how can this be proved ? It can never be proved or convicted. Especially they are probably Saudi Citizens.

Um, the Saudi expats would also all need diplomatic immunity. If they don't they will be tried. Things can be proven in a variety of different ways depending on what evidence is available and the standard DNA testing, any CCTV security footage in the residence hallways, voice and hair samples....you name it. Indian police will have to investigate this thoroughly.
 
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Even if the diplomat gets Scott free from India- can't a case be filed in Saudi Arabia?
They got stricter laws.

And you think they will do something about it coz of a crime committed in india?
 
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Diplomatic immunity is only for the act which are done for the business they are sent here, i.e. diplomacy...The diplomatic immunity is not for something which was done intentionally and for the crime as serious as this. These ambassadors or diplomats cannot take local law for granted.


Diplomatic immunity is absolute, unless your home country waives it. There would be prosecution, but no sentencing in this case.
 
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Diplomatic immunity is absolute, unless your home country waives it. There would be prosecution, but no sentencing in this case.

No there would be no prosecution with diplomatic immunity. Only charges can be made against the individual.

He cannot be detained, arrested, his movement cannot be controlled, he cannot be monitored....and he certainly cannot be prosecuted because that needs him to be arrested first. Of course he can willingly come to a police station by himself to answer questions....but that is highly unlikely since that is just bad to do legally for anyone.

Only if immunity is waived by KSA can the actual judicial process commence with his arrest.

Otherwise he is free to leave the country at any point....and will be told by India to do so if the immunity is not waived by KSA.

After that KSA may prosecute him (it has happened to other diplomats before in other parts of the world)...or KSA may strip him of diplomatic immunity and extradite him back to India. Or KSA may do nothing (most likely).

We will unfortunately just have to wait and see how this goes.

India should definitely investigate who these other 6 expats involved in the gangrape were....and prosecute them to the highest degree if there is enough evidence to find them.
 
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Nope, Nationality of the victim does come into play. Saudi can always ask Nepal to intervene on its behalf since the girls are Nepali citizen.

The crime itself is an "Alleged Crime".


No. Since crime was committed on Indian soil, sole jurisdiction lies with India.Saudis could ask Nepal to intervene, but neither would it have any effect on investigation as withdrawal of FIR would need India's acquiescence, not would it bw considered proper by convention (India would also object to it as it would be constructed as interference in internal affairs/prosecution).International law only forbid sentencing of diplomat, they don't prevent immunity from investigation, or from running a trial in abstensia (though this is never done for obvious reasons).


The diplomat and her wife are safe from any action, but other six expats involved would be prosecuted.


A nightmare for Indian Arab diplomatic most probably they pressure or bribe the victim to drop the charges. Take my words this would gona happen.

There would be no dropping of charges as a diplomat could not be sentenced as all, so no need. Six expats ,though, would face prosecution and jail time, if convicted.


Don't be an idiot.

Saudis are in no position to turn a personal folly of their diplomat into something of international affair involving countries. In all probability, Saudis would be more miffed with their diplomat than Indians are, and if he is not a royal would face consequences of putting Saudi Arabia into a bad spot.
This stuff is standard in Saudi Arabia, imagine their guts to try this shit in India. :sick:

Let us see if the "Media" makes this news public and let us wait for the "Outrage".


It is front page NEWS in two newspaper that I read.

No there would be no prosecution with diplomatic immunity. Only charges can be made against the individual.
By Prosecution, I meant trial in abstensia, if India is bent on making a point. I was making a technical point, not something which ever happens.
 
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No. Since crime was committed on Indian soil, sole jurisdiction lies with India.Saudis could ask Nepal to intervene, but neither would it have any effect on investigation as withdrawal of FIR would need India's acquiescence, not would it bw considered proper by convention (India would also object to it as it would be constructed as interference in internal affairs/prosecution).International law only forbid sentencing of diplomat, they don't prevent immunity from investigation, or from running a trial in abstensia (though this is never done for obvious reasons).


The diplomat and her wife are safe from any action, but other six expats involved would be prosecuted.




There would be no dropping of charges as a diplomat could not be sentenced as all, so no need. Six expats ,though, would face prosecution and jail time, if convicted.



Don't be an idiot.

Saudis are in no position to turn a personal folly of their diplomat into something of international affair involving countries. In all probability, Saudis would be more miffed with their diplomat than Indians are, and if he is not a royal would face consequences of putting Saudi Arabia into a bad spot.



It is front page NEWS in two newspaper that I read.


By Prosecution, I meant trial in abstensia, if India is bent on making a point. I was making a technical point, not something which ever happens.

Yup agree with everything said here. Thanks for seconding my answer to makaramarma about that whole thing that Nepal can "intervene" and "drop" the FIR.
 
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Nothing is going to happen, the diplomat is simply going to walk out of the country. These things dont matter ifor countries like SA. They will take it as normal behavior and expect india to close the matter. Even india wont pressurize the saudi govt. Investigating further will only throw up more dirt that will embarrass both the countries.
Poor girl will be left to fend for herself.:(
 
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