No apology or withdrawal of charges against Devyani Khobragade: US

December 20, 2013

Devyani_Khobragade

Washington, Dec 20: The United States has ruled out acceding to either of the two Indian demands- withdrawal of charges against its diplomat Devyani Khobragade, and an apology for alleged mistreatment, after her arrest in New York last week.

"We take these allegations very seriously. We're not in any way walking back from those allegations or the charges. Again, this is really a law enforcement issue," the state department spokesperson, Marie Harf said.

"No," she said when asked if Khobragade would go "scott free" and US courts would be asked to drop the charges.

Refuting that charges against the diplomat could be dropped, she said: "I don't know the details of the complaint, and I don't know if even withdrawing the complaint, which I'm not saying anybody is considering would, in fact, drop the charge. That's not something that's even being considered."

"We certainly take these types of allegations very seriously though. It's not a decision for us whether to prosecute or not," Harf said.

She said that the US informs annually every country having diplomats there through diplomatic notes about "obligations they have for their staffs when they bring them to the United States."

"We make those obligations very clear and we take any allegations that they haven't done so very seriously. So certainly, there's no discussion like that going on. We just want the process to move forward," she added.

She refused to distance the state department from alleged highly rhetorical statement of Preet Bharara, the US prosecutor handling the case, as was being reported from India.

The report came following the telephonic conversation between the under secretary of state for political affairs, Wendy Sherman, and India's foreign secretary, Sujatha Singh.

Contradicting Salman Khurshid's statement, Harf said no telephonic conversations between him and John Kerry was planned and nothing is scheduled as of now.

"No plans (for Kerry) to (call Khurshid)," she said in response to a question.

"I mean, he (Kerry) always open to, but I think there was some misreporting out there today that he maybe was planning to, and that's just not the case," she said.

Khurshid in media interview in Delhi was quoted as saying that he was scheduled to have call with Kerry.

Kerry is on year-end family vacation and would return to Washington after holidays, she said.

He had called the national security adviser, Shivshankar Menon, a day ago and expressed regret over the alleged mistreatment of Khobragade.

The Indian diplomat was allegedly strip search after her arrest on visa fraud charges.

His call had appeared to calm down the sudden eruption of tensed situation between the two countries.

"We are conveying repeatedly the same message, both about our regret about what happened, but also how we move forward from here."

"That's a consistent message we are conveying diplomatically through proper diplomatic channels to the Indian Government," she said.

Acknowledging that Sangeeta Richard's father-in-law works for the US Embassy in New Delhi, she said: "I can confirm that he either was or is. I don't know the current status, employed in a personal capacity by a US diplomat, not as a US Government employee."

Harf called "highly inaccurate" India's allegations that the United States did not respond to the series of letters and communications that were made by it.

"It's highly inaccurate to say that we ignored any Government of India communiques on this issue, period," she said, but refused to divulge the details citing legal nature of the case.

"We're still compiling a precise sequence of all of our government-to-government communications on it, goes back months. Some of these communications are private diplomatic conversations or law enforcement sensitive," she said.

The Indian and US interpretation of the issues and allegations at play throughout this entire scenario, she said.

"But I would say that we have engaged in extensive conversations with the Government of India about this issue in Washington, in New York, in New Delhi, going back to the summer."

"We've also requested the Government of India to provide us with the results of its own enquiry into the allegations made by Dr Khobragade's domestic worker and to make her available to discuss them, I don't think either of which was done," she alleged.

They are yet to receive any request from Indian Government with regard to transfer of Khobragade to India's Permanent Mission to the UN, she said.

India had said that this move would give her the necessary diplomatic immunity. Harf, however, said this immunity would not be retroactive.

"It is not retroactive," she said in response to a question.

"Generally speaking, if there's a change in immunity, because of a different diplomatic status, that immunity would start on the date it's conferred, after the process," she added.

"So there's a process: it goes to the UN Secretariat, comes to the US state department, everybody has to say yes. There?s a process, a bureaucratic process. And then, if a different diplomatic status is conferred, it?s conferred at that date."

"We haven't received an official request for re-accreditation. Obviously, if we do, we'll look at it. I don't want to venture to guess hypothetically what a new position might look like because we haven't received that yet," she said.

Defending the US government's decision to provide visa to the immediate family members of the missing Indian maid, she said it was part of the effort to unite the family.

"Without going into specifics about some of those details, the US government has taken steps to reunite the alleged victim with her family. Obviously, I'm not going to go into specifics about that."

"We are aware of the existence of allegations that the family was intimidated in India. Obviously, I can't confirm those. But in general, we take those kinds of allegations very seriously," she argued.

A 1999-batch IFS officer, 39-year-old Khobragade was arrested on December 12 on visa fraud charges by the State Department's diplomatic security bureau, and then handed over to the US Marshals Service (Usms). She has since been posted to India's Permanent Mission in New York.

Khobragade was taken into custody as she was dropping her daughter to school before being released on a $250,000 bond after pleading not guilty in court.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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Agencies
April 14,2020

Mumbai, Apr 14: The Shiv Sena and NCP said Prime Minister Narendra Modis address to the nation on Tuesday lacked substance as he did not suggest ways to strengthen the economy or a relief package for the poor and those worst hit by the lockdown.

Shiv Sena spokesperson Manisha Kayande also took a dig at the prime minister, saying he thankfully did not give any activity to people this time like clanging utensils or lighting lamps.

Modi on Tuesday announced that the lockdown across the country will be extended till May 3, saying the measure has produced a significant outcome in containing the infection.

He said implementation of the lockdown will be strictly ensured in its second phase and detailed guidelines will be brought out on Wednesday to ensure that outbreak does not spread to new areas.

Some relaxations may be allowed after April 20 in places where there are no hotspots, he said.

Kayande said Modi could have announced extension of the lockdown on Wednesday itself along with the new guidelines, instead of declaring it separately.

"He could have elaborated steps to be taken to tackle the coronavirus, relaxing restrictions on movements in different areas (depending upon threat posed by the disease)," she said.

"His speech normally is more of a rhetoric than substance. Thankfully, he did not give any other event to the people like lighting up lamps or clanging utensils. There was nothing substantial (in the address), the only takeaway was that the lockdown has been extended, she added.

Maharashtra Minister and NCP national spokesman Nawab Malik noted that Modi talked about helping the poor.

"But, he could have announced a package on behalf of the central government to help the poor, those working in the unorganised sector who are the worst hit due to the lockdown.

There was no mention of it anywhere," Malik said.

Another NCP spokesman Mahesh Tapase said it was expected that the prime minister would address the economic concerns being faced by the country.

"The least to expect was the announcement of a slew of measures to kick-start the economy in a phased manner as and when the restrictions are lifted, he added.

Tapase said the employers and employees wanted to know from the government how recession and unemployment will be tackled in the time to come.

"Access to capital for business, especially for MSMEs and agriculture, is a big concern. Supply and logistics is the cornerstone of economic activity which has come to a virtual standstill," he said.

The 2020-21 fiscal looks grim and hence, the right stimulus from the government coupled with a renewed zeal by the industry will only bring the economy back on track, he suggested.

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News Network
April 19,2020

New Delhi, Apr 19: The government on Sunday prohibited the sale of non-essential items through e-commerce platforms during the ongoing lockdown, four days after allowing such companies to sale mobile phones, refrigerators and ready-made garments.

Union Home Secretary Ajay Bhalla issued an order excluding the non-essential items from sale by the e-commerce companies from the consolidated revised guidelines, which listed the exemption given to the services and people from the purview of the lockdown.

The order said the following clause "E-commerce companies. Vehicles used by e-commerce operators will be allowed to ply with necessary permissions" is excluded from the guidelines.

The previous order had said such items were allowed for sale through e-commerce platforms from April 20.

However, the reason for reversing the order is not known immediately.

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