Diplomat Khobragade's claim of immunity challenged by U.S. prosecutors

February 1, 2014
New York, Feb 1: The Indian diplomat whose December arrest led to a major international dispute holds no immunity from U.S. prosecution and should continue to faces charges of visa fraud, Manhattan federal prosecutors said in court papers filed Friday. kobragade

Devyani Khobragade was arrested on Dec. 12 on charges that she lied to U.S. authorities about what she paid her housekeeper. She was stripped-searched while detained in Manhattan federal courthouse, which led to a diplomatic firestorm between India and the United States that continued for weeks.

Manhattan U.S. Attorney Preet Bharara's office argues in the court filings that Khobragade is a former diplomat and not immune from prosecution.

Khobragade "currently enjoys no diplomatic status, and at the time of her arrest, the defendant's position as a consular official gave her immunity from prosecution for official acts only," assistant U.S. Attorneys Kristy Greenberg and Amanda Kramer wrote.

As Indian officials demanded her release, Khobragade's New York attorney argued that her status as a consular official granted her immunity.

Khobragade was accredited as a member of India's mission to the United Nations earlier this month, one day before she was indicted and asked to leave the country.

The accreditation was part of a deal to allow her to leave the country.

On Jan. 14, with Khobragade back in India, her New York-based attorney filed a motion asking a U.S. judge to throw out those charges.

In court papers, Khobragade attorney Daniel Arshack said that diplomatic immunity granted to her by the U.S. State Department gave her absolute immunity from U.S. prosecution, even for suspected acts committed earlier.

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News Network
January 23,2020

Mumbai, Jan 23: Rashmi Sahijwala never expected to start working at the age of 59, let alone join India’s gig economy—now she is part of an army of housewives turning their homes into “cloud kitchens” to feed time-starved millennials.

Asia’s third-largest economy is battling a slowdown so sharp it is creating a drag on global growth, the International Monetary Fund said Monday, but there are some bright spots.

The gig economy, aided by cheap mobile data and abundant labour, has flourished in India, opening up new markets across the vast nation.

Although Indian women have long battled for access to education and employment opportunities, the biggest hurdle for many is convincing conservative families to let them leave home.

But new apps like Curryful, Homefoodi, and Nanighar are tapping the skills of housewives to slice, dice and prepare meals for hungry urbanites from the comfort of their homes.

The so-called cloud kitchens—restaurants that have no physical presence and a delivery-only model—are rising in popularity as there is a boom in food delivery apps such as Swiggy and Zomato.

“We want to be the Uber of home-cooked food,” said Ben Mathew, who launched Curryful in 2018, convinced that housewives were a huge untapped resource.

His company—which employs five people for the app’s daily operations—works with 52 women and three men, and the 31-year-old web entrepreneur hopes to get one million female chefs on-board by 2022.

“We usually train them in processes of sanitisation, cooking, prep time and packaging... and then launch them on the platform,” Mathew told news agency.

One of the first housewives to join Curryful in November 2018 shortly after its launch, Sahijwala was initially apprehensive, despite having four decades of experience in the kitchen.

But backed by her children, including her son who gave her regular feedback about her proposed dishes, she took the plunge.

Since then, she’s undergone a crash course in how to run a business, from creating weekly menus to buying supplies from wholesale markets to cut costs.

The learning curve was steep and Sahijwala switched from cooking everything from scratch to preparing curries and batters for breads in advance to save time and limit leftovers.

She even bought a massive freezer to store fruits and vegetables despite her husband’s reservations about the cost.

“I told him that I am a professional now,” she told news agency.

‘Internet restaurants’

Kallol Banerjee, co-founder of Rebel Foods which runs 301 cloud kitchens backing up 2,200 “internet restaurants”, was among the first entrepreneurs to embrace the concept in 2012.

“We could do more brands from one kitchen and cater to different customer requirements at multiple price points,” Banerjee told AFP.

The chefs buy the ingredients, supply the cookware and pay the utility bills.

The apps—which make their money through charging commission, such as more than 18 percent per order for Curryful—offer training and supply the chefs with containers and bags to pack the food in.

Curryful chef Chand Vyas, 55, spent years trying to set up a lunch delivery business but finally gave up after failing to compete with dabbawalas, Mumbai’s famously efficient food porters.

Today Vyas works seven hours a day, five days a week in her kitchen, serving up a bevy of Indian vegetarian staples, from street food favourites to lentils and rice according to the app’s weekly set menus.

“I don’t understand marketing or how to run a business but I know how to cook. So, the current partnership helps me focus on just that while Curryful takes care of the rest,” Vyas told AFP.

She pockets up to $150 (Rs 10,000 approx) a month after accounting for the commissions and costs, but hopes to earn more as the orders increase.

In contrast, a chef at a bricks-and-mortar restaurant takes home a monthly wage of between $300 (Rs 20,000 approx) and $1,000 (Rs 70,000) approx for working six days a week.

With India’s cloud kitchen sector expected to reach $1.05 billion by 2023, according to data platform Inc42, other companies are also keen to get a slice of the action.

Swiggy, for example, has invested 2.5 billion rupees ($35.3 million) in opening 1,000 cloud kitchens across the nation.

Back in her Mumbai kitchen, Sahijwala is elated to have embarked on a career at an age when her contemporaries are eyeing retirement.

Over the past year, she has seen her profit grow to $200 (Rs 15,000 approx) a month, but more importantly, she said, “My passion has finally found an outlet.

“I am just glad life has given me this chance.”

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News Network
March 25,2020

Kolkata, Mar 25: Amid the countrywide lockdown in the wake of coronavirus outbreak, Chief Minister Mamata Banerjee on Wednesday said that all police stations will take responsibility to deliver food at doorsteps under the supervision of District Magistrates and Police Superintendents.
"As we have to ensure that there is no scarcity of food, all Police stations will take responsibility to deliver food at doorsteps and it will be monitored by District Magistrates and Police Superintendents," said Banerjee at a press conference here.
She also said that under the social pension schemes, the pension holders will get their pension of March and April together.
Speaking on local police blocking people involved in essential services, she said, "The Officer-in-charge will have to ensure that the local police know about the rules and exemptions during the lockdown."
"If any police official or an administrative official is found flouting the lockdown norms, then strict action will be taken against them," she added.
The Chief Minister also said, "If somebody needs to help us by giving materials then they need to contact health department official Sanjay Bansal, whose contact number is - 9051022000."
"The government has also launched a State emergency relief fund wherein people can donate. For donation, the account number is 628005501339, IFSC: ICIC0006280 and website: wb.gov.in," she said.
She also said that on March 31 the government will review the situation.
According to a recent update by the Ministry of Health and Family Welfare, a total of 562 positive cases for coronavirus have been confirmed in the country.

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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