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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News Network
March 4,2020

Mumbai, Mar 4: BJP leader Devendra Fadnavis on Tuesday said Maharashtra Chief Minister Uddhav Thackeray should not give "vague" replies on the 5 per cent Muslim quota issue and declare "with courage" that his government will not bring law granting reservation to the minority community.

Mr Fadnavis made the remark after Mr Thackeray, during a press conference earlier in the day, said he has not yet received the proposal regarding giving quota to Muslims and that the Shiv Sena-led government is yet to take any decision on it.

Mr Thackeray made the comments after Maharashtra Minority Affairs Minister Nawab Malik recently said in the legislative council that thestate government will provide 5 per cent quota to Muslims in education.

Mr Malik, an NCP leader, had also said the state government will ensure that a legislation to this effect is passed soon.

The NCP and the Congress, both proponents of Muslim quota, are constituents of the Sena-led Maha Vikas Aghadi government.

Asked about Mr Thackeray's remarks on the issue, Mr Fadnavis said instead of making comments at the press conference, the chief minister should make a statement in the legislature which is currently having its budget session.

The Leader of the Opposition in the assembly said that Mr Malik's opinion is the official position of the government as the minister had talked about giving quota in the council.

"So, instead of making vague comments in the press conference, the chief minister should say in the council that it is not his view (the one expressed by chief minister).

"The chief minister gave vague answers during the press conference, saying the proposal has not come to him. Your minister (Malik) only has said it," Mr Fadnavis told reporters outside the legislature building complex.

The BJP leader maintained there is no provision in the Constitution for religion-based reservation in government jobs or education.

"Say with courage that you will not give the quota, that the Constitution doesn't accept quota based on religion. Hence, we (the government) will not bring law granting quota," the former Chief Minister said.

Mr Fadnavis claimed that if given within the 50 per cent ceiling set by the Supreme Court, the Muslim quota will affect the existing reservation granted to OBCs.

"And if given outside it, it will affect Maratha quota," he added.

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Agencies
February 5,2020

New Delhi, Feb 5: Following is the chronology of events in the 2012 Nirbhaya gang rape and murder case in which the Delhi High Court on Wednesday said the all the four convicts have to be hanged together, not separately.

- Dec 16, 2012: Paramedical student gang-raped and brutally assaulted by six men in a private bus and thrown out of the moving vehicle along with her male friend. The victims admitted to Safdarjung Hospital.

- Dec 17: Widespread protests erupt demanding stringent action.

- Police identify the accused - bus driver Ram Singh, his brother Mukesh Kumar, Vinay Sharma and Pawan Gupta.

- Dec 18: Ram Singh and three others arrested.

- Dec 20: Victim's friend testifies.

- Dec 21: A delinquent juvenile nabbed from Anand Vihar bus terminal in Delhi. Victim's friend identifies Mukesh as one of the culprits. Police conduct raids in Haryana and Bihar to nab the sixth accused, Akshay Kumar.

- Dec 21-22: Akshay arrested in Aurangabad district of Bihar and brought to Delhi. Victim records statement before the SDM in hospital.

- Dec 26: Following a cardiac arrest, victim flown to Singapore's Mount Elizabeth Hospital by the government.

- Dec 29: Victim succumbs to injuries and other medical conditions. Police add murder charge in the FIR.

- Jan 2, 2013: The then Chief Justice of India Altamas Kabir inaugurates fast track court (FTC) for speedy trial in sexual offence cases.

- Jan 3: Police file charge sheet against five adults accused of murder, gang-rape, attempt to murder, kidnapping, unnatural offences and dacoity.

- Jan 17: FTC starts proceedings against the five adult accused.

- Jan 28: Juvenile Justice Board (JJB) says minority of the juvenile accused is proved.

- Feb 2: FTC frames charges against five adult accused.

- Feb 28: JJB frames charges against the minor.

- Mar 11: Ram Singh commits suicide in Tihar Jail.

- Jul 8: FTC completes recording of testimonies of prosecution witnesses.

- Jul 11: Delhi High Court allows three international news agencies to cover the trial in the case.

- Aug 22: FTC begins hearing final arguments in trial against four adult accused.

- Aug 31: JJB convicts the minor for gang-rape and murder and awards three-year term at probation home.

- Sep 3: FTC concludes trial. Reserves verdict.

- Sep 10: Court convicts Mukesh, Vinay, Akshay, Pawan of 13 offences including gang-rape, unnatural offence and murder of the girl and attempt to murder her male friend.

- Sep 13: Court awards death penalty to all 4 convicts.

- Sep 23: HC begins hearing the convicts' death sentence reference sent to it by the trial court.

- Jan 3, 2014: HC reserves verdict on convicts' appeals.

- Mar 13: HC upholds death penalty to the 4 convicts.

- Mar 15: SC stays execution of 2 convicts, Mukesh and Pawan, after they file appeals. Later, stays execution of other convicts also.

- Apr 15: SC directs police to produce the dying declaration of the victim.

- Feb 3, 2017: SC says it would hear afresh the aspect of awarding death penalty to the convicts.

- Mar 27: SC reserves verdict on their appeals.

- May 5: SC upholds death penalty to four convicts, says the case falls under the category of 'rarest of rare' and the offence created "tsunami of shock".

- Nov 8: Mukesh, one of the four death row convicts in the case, moves SC seeking review of its verdict upholding the capital punishment awarded to him.

- Dec 12: Delhi Police opposes Mukesh's plea in SC.

- Dec 15: Convicts Vinay Sharma and Pawan Kumar Gupta move SC for review of its verdict.

- May 4, 2018: SC reserves order on review plea of Vinay and Pawan.

- Jul 9: SC dismisses review pleas of three convicts.

- Feb, 2019: Victim's parents move Delhi court for issuance of death warrants of the four convicts

- Dec 10, 2019: Akshay moves plea in SC seeking review of his death penalty.

- Dec 13: Victim's mother moves SC opposing review plea of convict

- Dec 18: SC dismisses Akshay's review plea.

- Delhi govt seeks death warrants for execution of death sentence to the 4 convicts

- Delhi court directs Tihar authorities to issue notice to convicts to avail their remaining legal remedies.

- Dec 19: Delhi HC dismisses plea of Pawan Kumar Gupta claiming he was a juvenile at the time of the offence.

- Jan 6, 2020: Delhi court dismisses complaint filed by Pawan's father seeking FIR against sole witness

- Jan 7: Delhi court orders 4 convicts to be hanged on January 22 at 7 am in Tihar jail.

- Jan 14: SC rejects curative petition of Vinay and Mukesh Kumar.

Mukesh files mercy petition before President

- Jan 17: President Ram Nath Kovind rejects mercy plea of Mukesh.

- Trial court issues death warrants again with execution date as February 1, 6 am.

- Jan 25: Mukesh moves SC against rejection of mercy plea.

- Jan 28: SC hears arguments, reserves verdict

- Jan 29: Convict Akshya Kumar approaches SC with curative petition

- SC rejects plea of Mukesh challenging rejection of his mercy plea.

- Jan 30: SC dismisses curative plea of Akshay Kumar Singh.

- Jan 31: SC dismisses plea filed by Pawan seeking review of its order rejecting his juvenility claim.

- Delhi court again postpones execution of the black warrants till further order.

- Feb 1: Centre moves HC against the trial court order.

- Feb 2: HC reserves judgement on Centre's plea.

- Feb 5: HC dismisses Centre plea against trial court order; says all 4 convicts have to be hanged together. It directs the convicts to pursue all legal remedies within a week, failing which the authorities ordered to take action in accordance with law.

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News Network
May 8,2020

New Delhi, May 8: The Supreme Court on Friday suggested that states should consider indirect sale and home delivery of liquor as per its statute and law to avoid crowding at liquor shops amid the ongoing coronavirus-induced lockdown.

A bench headed by Justice Ashok Bhushan refused to pass any orders on a public interest litigation (PIL) seeking clarity on the sale of liquor and to ensure social distancing while it is being sold in liquor shops during the lockdown.

"We will not pass any order but the states should consider indirect sale/home delivery of liquor to maintain social distancing norms and standards," Justice Ashok Bhushan said while disposing of the petition.

The PIL, filed by one Sai Deepak, sought directions for closure of liquor shops for failing to enforce social distancing, which is essential to prevent the spread of coronavirus.

The petitioner told the apex court that he only wants that the life of common people is not affected because of crowding at liquor shops during COVID-19.

Justice Sanjay Kishan Kaul, another judge in the bench, said that discussion on home delivery is already going on.

The top court, after hearing the petition complaining about flouting of safety norms at liquor shops, observed that it cannot pass any orders to different states but they should consider online sale and home delivery of liquor.

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