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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News Network
March 21,2020

New Delhi, Mar 21: A couple was deboarded from a Delhi-bound Rajdhani train on Saturday after co-passengers observed a home quarantine seal on the husband's hand, the Railways said Saturday.

Officials said the Delhi-based couple boarded the Bangalore City-New Delhi Rajdhani at Secunderabad on Saturday morning.

When the train reached Kazipet in Telangana at 9:45 am, a co-passenger noticed the quarantine mark authorities are putting on suspected coronavirus cases —on the husband's hand when he was washing his hands. Other co-passengers then informed the TTE onboard.

The train was briefly detained and the couple was taken to a hospital. The coach was completely sanitised in Kazipet and was locked, officials said.

The air conditioning was also switched off.

The train left for its destination at 11.30 am.

People fleeing quarantine has been a common problem reported from different parts of the country.

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News Network
July 24,2020

New Delhi, Jul 24: India reported the highest single-day spike of 49,310 coronavirus cases on Friday, according to the Union Ministry of Health and Family Welfare.

The total COVID-19 positive cases stand at 12,87,945 including 4,40,135 active cases, 8,17,209 cured/discharged/migrated.
With 740 deaths in the last 24 hours, the cumulative toll reached 30,601.

Maharashtra has reported 3,47,502 coronavirus cases, the highest among states and Union Territories in the country. A total of 1,92,964 cases have been reported from Tamil Nadu till now, while Delhi has recorded 1,27,364 coronavirus cases.

According to the Indian Council of Medical Research (ICMR), 3,52,801 samples were tested for coronavirus on Thursday and overall 1,54,28,170 samples have been tested so far. 

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News Network
January 20,2020

New Delhi, Jan 20: Union Finance Minister Nirmala Sitharaman on Sunday said the kind of cleaning in the system that the BJP-led government had to carry out after coming to power in 2014 was "unbelievable" and it undertook the exercise without any grudge or worry.

Between 2014-16, there were a lot of questions as to why reforms did not come fast and there were comments that the government was incapable of bringing them, she said delivering the Nani Palkhivala Memorial lecture on "Road Map to $5 Trillion Economy" here.

Pointing out that there were allegations and criticism that the government wants to do something but it did not, Sitharaman said, "I am fully willing to buy that." She recalled that Prime Minister Narendra Modi often said he did not believe in incremental changes and the country needed good transformational change. The stage in which India is today, it cannot have little marginal increments, but good transformational change.

"But still one might say in the last five years the government never did. That can be a critical analysis and I am fully willing to buy that. Because post-2014 the kind of cleaning up the government had to do was unbelievable and we undertook that exercise without a grudge without a worry.. we had to do it and it is part of the game," she said. Elaborating, Sitharaman said states have their own views on Land Acquisition Bill and the government could not have done anything because land, after all, is with them.

Commenting on the topic 'Road Map to $5 trillion economy,' she said quoting Prime Minister Narendra Modi's comments, the government would take the route "Sarkar ka abhaav nahi hona chahiye, prabhaav hona chahiye aur dabaav nahi hona chahiye."

"Abhaav and dabaav both of which are not desirable, abhaav is the inadequacy or lack of adequate presence or shortfall. You do not need a shortfall. You need a government where it should be present, where it is expected to function.", she said.

"So there should not be abhaav. Dabaav (meaning pressure) is not something you want from the government. So, you want Prabhaav. It is broadly an influence, facilitation, broadly the philosophy with which it is mandated, she said.

Noting that the government has got the mandate through the election, she said, "The mandate was spelt out in so many different ways in its manifesto. So the route towards $5 trillion is this."

"We have to be there to facilitate. We have to be there to make it easy. We have to be where you need us, where there is no policy (reforms from the government)," she said.

On the Insolvency and Bankruptcy Code (IBC) implemented by the government, the union minister said the approach of the IBC was not to shut business. "IBC takes on the approach in having some kind of resolution where all people who exploited the company do not come back through the "back door," she said.

IBC was done through better management so that the institution is alive and kicking. It is something which she wanted to carry forward from Modi 1.0 to 2.0. "The point I am trying to make on this road to $5 trillion economy is that it is not just an abstraction, this is not how I want India to be. But in micro-level too, we are coming in response to every stakeholder," she said.

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Well Wisher
 - 
Tuesday, 21 Jan 2020

LOL. Do not say anything, else she will get angry.

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