US District Judge Shira Scheindlin had dismissed the indictment on Wednesday on the grounds that Khobragade was granted full diplomatic immunity on January 8. PHOTO: REUTERS/FILE
The announcement from the Manhattan federal prosecutor came two days after a US judge threw out a previous case on the grounds that the consul enjoyed diplomatic immunity.
Devyani Khobragade was arrested on December 12 outside her children's New York school. She was detained and strip-searched, enraging the Indian government and some of the Indian public.
India claimed full diplomatic immunity on her behalf and it was on those grounds that she petitioned a US court on January 9 to drop the case.
US District Judge Shira Scheindlin dismissed the indictment on Wednesday on the grounds that Khobragade was granted full diplomatic immunity on January 8.
But in response a spokesperson for Preet Bharara - the US attorney for the southern district of New York - said they intended to re-charge the diplomat.
The court, he argued, had only found that Khobragade had immunity "during a limited period of time between January 8 and January 9, when the current indictment was returned by a grand injury.
"As the court indicted in this decision, and as Devyani Khobragade has conceded, there is currently no bar to a new indictment against her for her alleged criminal conduct, and we intend to proceed accordingly."
The indictment accuses Khobragade of presenting false information to obtain a visa for her housekeeper and for not wanting to pay the wages required under US law.
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@excalibur: how in the world should she pay her maid more when she herself is paid less.....how?? use some brains justice provider.......the fact that the american diplomat himself pays her filipina maid so less is evident of the fact that she has been victimised.... and let us assume that she has violated every law....for god sake she has got the DIPLOMATIC IMMUNITY ... is it just that american diplomats are immune or is it for all nations....can anyone explain the vienna convention?? i am happy that she has returned and i can only laugh at america's arrogance and the fact that this case wont affect her now is just a slap on gross negligence of americans and their lack of common sense.....plz go ahead a file more cases....now no one gives a damn......i also assume that american supporters here are pakistanis....a bit surprised to see them cheer america.... i would like to change their support base....hey pakis think about drone strikes..think about how they violate ur airspace and bomb u day in day out ...hey think about raymond davies....or r u frustrated by the fact that u think that had a pakistani diplomat been there in america in such a situation he would have been left to rot....which of course is true...ahahahahaha
yet have to see our journalists get the other side of the story i.e the domestic help who has been cheated by this well connected woman and the indians behind her. She has comitted an offence and now claims diplomatic immunity means that she has confessed to her guilt already if she is truthful why hide behind the Draconian immunity ?
@ria:
How do you this case will get dismissed?
I, for one, am happy that USA is pursuing this case doggedly. Indians need to learn that the way you treat the poor, Dalits and Muslims and the rich get away practically always, is not acceptable in USA.
I hope that this case brings some desirable changes in India's own system.
A criminal no matter who he/she is needs to be tried and punished in the right spirit.
It's funny you say that USA has no brains.
The only super power in the world, outside whose embassies minions of India queue up to get a visa to get a job, has no brains?
Your countrymen have only gone there as workers. Your countrymen did neither start google or microsoft.
How shameful that we Indians boast everywhere of our non-existent superiority, have not innovated anything that has become a brand today. Where is our Pentium? Windows? Macintosh?
@ria: & Now Nokia also!
@ria: Google and Microsoft are top companies not because of Indians. In reality Indians are doing well in computer industry because of these companies.
Hahaha Still wasting million dollars over the case? in all this drama the ultimate looser is "USA". What was achieved? She's already back safe, while they waste their taxpayers money. Very few countries in world holded good opinion about USA, Indians where one of them which holds same ideology of pluralistic democracy and they have managed to ruin it. 1.2billion from favour to against just for nanny. Bravo! Just managed to lose support on voting in Americas favour on international matters. Now return gift time,openIng USA visa fraud case in india for syphoning of sangita Richard and family with T-visa when cases pending under them in indian court,all comforts and privileges will be further be taken off in accordance to Vienna,USA diplomat in Mumbai paying less than 3 dollar to Filipino will be questioned,diplomats wife working in American schools in delhi while stating house wife in visa tax evasion,FEMA violations,running commercial establishments in delhi without seeking licence under various local laws such as Shops and Establishment Act, Delhi Education Act, Fixation of fees and stipulations of Delhi Govt reg,admission of local students etc,Violation of Labour,Laws and Wages Act, EPF and ESIC regulations,Violation of work permit,Furnished false information on Visa documents. Holy moly let the pandora box open. But that's not all isn't it ? Sorry america forget opening of indian markets to american companies now,defence deal,retail sector,solar energy business,nuclear energy goes to France,uk,Israel,Russia ;) you have just managed to disrespect your valuable and strategic partner. Haven't u learnt anything from india's rafael French planes deal?
@ria they also need indian to prosecute, preet barara remember? Dumb Americans such short sightedness of managing diplomatic relations. ET publish this.
what a fool usa..... now this case will again get dismissed..... when she herself is not present case ka kya aachar dalenge...?? no wonder they got no brains and they need indians to support their tech companies like google,microsoft....shame