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Wednesday 18 December 2013

Indian diplomat faces fraud charge in NY

India terms it as a political conspiracy while US claims it is a legal procedure
India sees a political conspiracy, US claims it's a legal procedure
Senior Indian diplomat, Devyani Khobragade, who is under arrest in the US, is said to have underpaid her nanny at home, Gawker reported. She is the deputy consul general for political, economic, commercial and women’s affairs at the Indian Consulate General.
The “advocate for underpriviledged women's rights” has been charged with a criminal offense for visa fraud over lying about underpaying her nanny, the report said.
According to the criminal complaint, the babysitter worked more than 40 hours a week and was paid $3.31 an hour.
She made a secret contract with her nanny to give her that amount, but filled in her visa form claiming she pays her $4500 per month – a much higher amount.
Khobragade was denied diplomatic immunity.
"Diplomatic Security, which is under the State Department purview, followed standard procedures during her arrest," State Department Deputy Spokesperson Marie Harf told reporters at her daily news conference.
Harf said; under the Vienna Convention on Consular Relations, the Indian Deputy Consul General enjoys immunity from the jurisdiction of US courts only with respect to acts performed in the exercise of consular functions.
"There's different kinds of immunity. This isn't just in the US; it's all around the world. So in this case, she fell under that specific kind of immunity, and would be liable for arrest pending trial pursuant to a felony arrest warrant," she said.
Meanwhile, India is strongly refuting the American account of the case.

Khobragade's attorney says the move is politically motivated. India has reacted sharply to Khobragade being arrested, and handcuffed in public, by summoning US Ambassador Nancy Powell and issuing a demarche to that end.
US diplomats in consulates across India have been asked to surrender identity cards issued to them and their families, which entitle them to special privileges. India has also withdrawn all airport passes for American consulates and import clearances for the embassy.
New Delhi has also asked for the visa details of all teachers at US schools, details of their salary and their bank accounts.
Political leaders are also showing protest and disagreement.
Leaders like Rahul Gandhi and Narendra Modi refused to meet the visiting US congress delegation.
National Security adviser of India, Shiv Shanker Menon termed the US treatment of Ms Khobragade 'despicable' and 'barbaric'
Senior BJP leader Yashwant Sinha indicated US diplomats who are staying as 'companions', i.e. people of same sex living as partners, are committing a severe crime according to a recent Indian Supreme Court ruling.
He demanded the government arrest all of them and give them strong punishments. He also claimed that if paying a low wage is a criminal offense, staying as gay partners – and violating Indian law – is a much greater one.
Ms Khobragade was freed on a $250,000 bail, Khobragade was also ordered to surrender all travel documents.
She's facing up to 15 years in prison for fraud and making false statements.