India welcomes dismissal of visa fraud charges agst Devyani

March 13, 2014
New Delhi, Mar 13: India today termed as "good as far as it goes" the dismissal of visa fraud charges by a US court against senior diplomat Devyani Khobragade, whose arrest and strip-search had triggered a diplomatic row between the two countries.

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"We have seen the judgement related to the indictment of January 9. It is good as far as it goes," spokesperson in the Ministry of External Affairs said.

He said the lawyers will meet to "examine it carefully before we are able to respond substantially and in more detail".

Khobragade, who was India's deputy consul-general in New York, was arrested on December 12 outside her children's school.

She has won dismissal of the indictment against her for visa fraud, with a US judge ruling she had full diplomatic immunity.

However, prosecutors are not barred from bringing new charges in future.

Reacting to the US court verdict, her father Uttam Khobragade said, "They tried to trap Devyani with a false complaint against her. I thank the Indian government and the Indians for their cooperation and help. She will go back to America with full diplomatic immunity".

US District Judge Shira Scheindlin said in her 14-page order that "it is undisputed" that Khobragade acquired full diplomatic immunity at 5:47 pm on January 8 after the US State Department approved her accreditation as a counselor to India's mission to the United Nations.

While the indictment was returned on January 9, Khobragade had the immunity till she departed from the US for India on the evening of January 9 and so the prosecutors cannot proceed with the current indictment.

"Khobragade's motion to dismiss the indictment on the ground of diplomatic immunity is granted. Khobragade's conditions of bail are terminated, and her bond is exonerated. It is ordered that any open arrest warrants based on this indictment must be vacated," Scheindlin said in her 14-page order, capping months of unprecedented diplomatic tensions between the US and India.

"On January 9, immediately following the return of the indictment, Khobragade appeared before the court through counsel and moved to dismiss the case. Because the court lacked jurisdiction over her at that time, and at the time the indictment was returned, the motion must be granted," the judge said ordering that the motion and the case be closed.

US Attorney Preet Bharara's office had argued that Khobragade, 39, was not immune from her December 12 arrest on charges of visa fraud and making false statements about the visa application of her domestic help Sangeeta Richard.

Khobragade's arrest on visa fraud charges had triggered a row between the two countries with India retaliating by downgrading privileges of certain category of US diplomats among other steps.

Earlier

US judge throws out charges against Devyani Khobragade

New York, Mar 13: An Indian diplomat whose arrest and strip search spurred an international flap had charges against her dismissed by a federal judge on Wednesday.

The judge's ruling said Devyani Khobragade had diplomatic immunity when she was indicted on charges of fraudulently obtaining a work visa for her housekeeper and lying about the maid's pay.

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But the ruling left open the possibility prosecutors could bring a new indictment against her, and they "intend to proceed accordingly," said James Margolin, a spokesman for Manhattan US attorney Preet Bharara.

Khobragade's attorney, Daniel Arshack, praised the ruling. "The judge did what the law required, and that is: that a criminal proceeding against an individual with immunity must be dismissed," Arshack said. "She's (Khobragade's) hugely frustrated by what has occurred. She is heartened that the rule of law prevailed."

After being indicted, she complied with a department of state order to leave the US. The Indian government then asked Washington to withdraw a diplomat from the US embassy in New Delhi. The US complied.

A federal prosecutor ventured into the tense relationship between the US and India in December, defending the arrest and strip search of Khobragade when she was held on visa charges and saying she was treated very well, even given coffee and offered food while detained.

US attorney Preet Bharara said Khobragade was afforded courtesies most Americans wouldn't get — such as being allowed to make phone calls for two hours to arrange child care and sort out personal matters — after she was discretely arrested by US department of state agents outside her children's Manhattan school.

Khobragade was arrested on charges she lied on a visa application about how much she paid her housekeeper, an Indian national. Prosecutors said the maid received less than $3 per hour for her work.

Bharara said Khobragade, who had pleaded not guilty, wasn't handcuffed, restrained or arrested in front of her children. And he said that while she was "fully searched" in private by a female deputy marshal, the move was a standard safety practice all defendants undergo

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April 20,2020

Thiruvananthapuram, Apr 20: Kerala Chief Minister Pinarayi Vijayan on Sunday alleged that efforts were being made to undermine the achievements of the state government in its fight against Covid-19 and said he was "ignoring" them as it was not the time for controversies.

The Opposition Congress has been raising allegations that a US-based company had been entrusted with the task of collecting data regarding the virus-infected patients in the state, in violation of fundamental rights.

"Many developed nations are in awe of the achievements of Kerala in its fight against Covid-19 pandemic. This is the speciality of Kerala model," Vijayan said. Referring to the data collection charge levelled by the opposition parties, Vijayan said some were engaged in slandering the state government.

"Those who think that the government should not have a reputation for effectively handling the coronavirus outbreak are engaged in slandering the state government. It has happened before, it's happening now also. This is not the time to go behind controversies. People are watching and they will evaluate," Vijayan said in his weekly interactive programme 'Naam munnott'.

He said he had decided to ignore such controversies. The ward-level committees, set up by the government for the anti-coronavirus fight, was collecting information of those under home isolation, elderly persons and those at the risk of the disease using a questionnaire in this regard and upload it on the server of the private agency. The Congress has alleged that the data, collected through the government machinery, was being uploaded not on the government server but on that of the foreign company.

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February 19,2020

New Delhi, Feb 19: The UIDAI on Tuesday said its Hyderabad office has sent notices to 127 people for allegedly obtaining Aadhaar numbers on "false pretences" but asserted these have nothing to do with citizenship.

The notices were issued after reports from the police, the Unique Identification Authority of India (UIDAI) said.

"Aadhaar is not a document of citizenship and UIDAI has been mandated under the Aadhaar Act to ascertain residency of a person in India for 182 days prior to applying for Aadhaar," the nodal body, which issues the 12-digit biometric ID, said in a statement.

The Supreme Court, in its landmark decision, has directed the UIDAI not to issue Aadhaar to illegal immigrants, it said.

"It may be noted that the regional office Hyderabad received reports from the state police that 127 people have obtained Aadhaar on false pretences, as in their preliminary enquiry they were found illegal immigrants who were not qualified to obtain an Aadhaar number," the UIDAI said.

As per the Aadhaar Act, such Aadhaar numbers are liable to be cancelled.

"Therefore, the regional office Hyderabad has sent notices to them to appear in person and to substantiate their claims for getting an Aadhaar number," it said.

The UIDAI emphasised that these notices have "nothing to do with citizenship and cancellation of Aadhaar number is in no way related to the nationality of any resident".

In case it is found and proved that any of them obtained Aadhaar by submitting false documents or through false pretences, their Aadhaar is liable to be cancelled or suspended depending on the severity of the transgression, UIDAI said.

"Severe errors like forged documents, etc., will lead to appropriate actions, including suspending /cancelling the Aadhaar," it cautioned.

"Sometimes it becomes necessary to cancel the Aadhaar number when it is found that a resident has obtained it by submitting false biometrics or documents. It is a routine quality improvement process that the UIDAI takes up regularly," the authority said.

The 127 people have been asked to appear before the UIDAI deputy director in Hyderabad for a personal hearing on February 20.

Additional time has been given to allow them to collect the requisite documents, "Since it may take them some more time to collect the original documents that they had submitted for obtaining Aadhaar, as informed by the state police, the UIDAI has postponed the personal hearing to May 2020," it added.

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News Network
April 7,2020

New Delhi, April 7: The government continued to take steps to contain the spread of coronavirus including a strategy of cluster containment as the cases continued to rise and Tuesday saw single-day largest jump of 722 positive cases.

The total number of positive cases reached 4,789 on Tuesday, the 14th day of lockdown.

According to the latest update of the Health Ministry, there are 4,312 active cases, 352 persons have been cured or discharged (one migrated) and 124 have died.

Maharashtra has the largest number of positive cases at 868 and also accounts for the largest number of deaths at 48. Tamil Nadu has 621 confirmed cases.

Thirteen persons have died in Madhya Pradesh and the same number in Gujarat.
The 21-day lockdown was announced on March 24 by Prime Minister Narendra Modi.

At the regular media briefing at 4 pm, Lav Aggarwal, Joint Secretary in the Health Ministry, said that the government is adopting a strategy for cluster containment.

"This strategy is producing positive results, especially in Agra, Gautam Buddh Nagar, Pathanamthitta, Bhilwara and East Delhi," he said.

Aggarwal said that a recent study by the Indian Council of Medical Research (ICMR) has shown that a person infected with coronavirus can infect 406 others in just 30 days if he does not follow the lockdown and social distancing norms.

He said no decision has been taken on extending the lockdown and urged against any speculation.

He said latest technology was being used for management of COVID-19 and there was real-time tracking of ambulances.

The official said the dedicated facilities for COVID-19 are divided into three parts -- COVID Care Centre, Dedicated COVID Health Centre and Dedicated COVID Hospitals.

He said that COVID Care Centres were for treating mild, very mild and likely to be COVID-19 patients. Hostels, hotels, school, and stadium can be used for this. "We have asked states to map it with COVID Care Hospitals and COVID Health Centre so that patients can be shifted if needed," he said.

The official said that COVID Health Centres were for treating COVID-19 patients of clinically moderate level of seriousness. "For this, fully functional hospitals will be used. A dedicated block of a fully functional hospital can also be used for this. The hospitals must have beds with oxygen support," he said.

Aggarwal said that dedicated COVID Hospitals were meant for severe and critical cases and these must be fully-equipped with ICUs and ventilators.
New coronavirus cases were reported on Tuesday from several states including Maharashtra, Madhya Pradesh, West Bengal, and Tamil Nadu.

The Ministry of Environment, Forest and Climate Change has issued an advisory about containing coronavirus in national parks, sanctuaries and tiger reserves in view of the spread of COVID-19 and a report about tiger being infected in New York. The Central Zoo Authority has also advised zoos in India to remain on high alert.

Here's a quick read on the COVID-19 related updates

1. The Indian Railways has prepared 40,000 isolation beds in 2,500 coaches and this work is ongoing in 133 locations across the country.

2. Madhya Pradesh Chief Minister Shivraj Singh Chouhan said he was willing to extend the lockdown in the state after the completion of 21-day period to save lives.

3. The government is monitoring the movement of pharmaceuticals closely and the movement of pharmaceuticals through trucks has stabilised in the country.

4. Under the 'Lifeline Udan' initiative, 152 flights have transported over 200 tonnes of cargo till April 6.

5. According to ICMR, testing of 1,07,006 people has been carried out till date and 136 government labs and 59 private labs are conducting tests in the country.

6. The Home Ministry said that the status of essential goods and services was by and large satisfactory in the country. Home Minister Amit Shah has issued directives to the states to ensure there is no hoarding or black marketing in any corner of the country.

7. The number of corona positive cases in Uttar Pradesh has reached 314. Of these, 168 patients are connected to Tablighi Jamaat, state Chief Minister Yogi Adityanath said on Tuesday.

8. The government has lifted restrictions on export of 24 pharmaceutical ingredients and medicines made from them.

9. Union Defence Minister Rajnath Singh said the Group of Ministers had "an extensive discussion on the prevailing situation post the lockdown" in the country. They also appreciated the Cabinet's decision to cut MP's salary for a year.

10. Central Zoo Authority has advised zoos in the country to remain on highest alertness, watch animals on 24X7 basis, using CCTV for any abnormal behavior or symptoms.

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