Indian diplomat Devyani Khobragade (C) leaves with her father Uttam Khobragade (L) from the Maharashtra Sadan state guesthouse to meet India's Foreign Minister Salman Khurshid in New Delhi January 11, 2014. PHOTO: REUTERS
The lawyer, Daniel Arshack, argued that Khobragade's diplomatic status, granted by the State Department last week as part of a deal allowing her to leave the country, gave her absolute immunity from prosecution, even for incidents that allegedly occurred before her accreditation.
The US Attorney's office in Manhattan, which indicted Khobragade on Thursday, did not immediately comment on the filing.
Khobragade, a US-based consular official, was arrested on December 12 and accused of underpaying her housekeeper. News of her arrest and a subsequent strip search provoked protests in India and strained ties between the two countries.
She was accredited as a member of India's mission to the United Nations on Wednesday, one day before she was indicted and asked to leave the country.
In his motion on Tuesday, Arshack said the State Department's own guidance for law enforcement agencies states that immunity extends to incidents that occurred prior to the granting of that immunity. Thus, he said, the case against Khobragade is a "nullity" and should be dismissed.
If Judge Shira Scheindlin dismisses the indictment, that would presumably permit Khobragade, whose husband and children are US citizens, to travel freely to the United States.
Prosecutors had said last week charges would remain pending against Khobragade until such time as she can be brought to court to face them.
State Department officials have said they do not believe her immunity is retroactive. In a press briefing on Friday, spokeswoman Jen Psaki said Khobragade would face prosecution if she returned to the United States.
"Her accreditation in this case to the UN does not remove existing charges," Psaki said. "In addition, now that she has left the United States, she no longer enjoys immunity."
The case is US vs Khobragade, US District Court for the Southern District of New York, No 14-cr-00008.
COMMENTS (11)
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@Jibran: Will you accept a situation where a woman was subjected to strip search and cavity search for any reason without protest in Pakistan?
@unbelievable: Remember Raymond Davis. He got away with murders in Pakistan.
Please see the following link for Americans following the law:
http://www.nytimes.com/2014/01/16/world/asia/indian-school-ensnared-in-us-diplomatic-row.html
An extract is reproduced below:
"NEW DELHI — A handout for new teachers at this city’s exclusive American Embassy School, an academic oasis for children of American diplomats and other expatriates, offers some unusual guidance to female teachers whose husbands will also be teaching at the school.
“The female spouse should not state that she will be working,” the handout states, instructing spouses to list their occupation on visa applications as “housewife,” adding that “no sexism is intended on our part.”
Please also see the following link:
http://www.firstpost.com/india/khobragade-fallout-us-embassy-evaded-tax-worth-crores-1342275.html
The great Americans.
@Jibran: It is sad that nationalism makes a criminal a hero.
Oh, you are really sad ha? about a hero, you can never be?.Lol
Tomato is fruit or Vegitable?????
I have seen the case against her and it is full of holes. The case will be dismissed!!!!