How can you evacuate Indian citizens?: Delhi tears into Preet Bharara for defending action against diplomat
New Delhi: India on Thursday hit back at US Attorney Preet Bharara, who had justified Indian diplomat Devyani Khobragade's arrest, accusing him of interfering with the Indian legal system and asserting that the arrest was not in keeping with the Vienna Convention on diplomatic immunity.
Read here: Maid's family 'evacuated' to US, says Bharara
Criticising the US Prosecutor for making statement for 'post facto rationalization' for an action that should never have taken place in the first instance, External Affairs Ministry Spokesperson Syed Akbaruddin said there were no courtesies extended to Khobragade, who is the only 'victim' in this case.
He said despite acknowledging that legal process were in place in India, the statement talks why it was necessary to evacuate the family of absconding maid Sangeeta Richard, thereby, making 'implicit comment' about the Indian legal system, its enforcement authorities, and the responsibility that legal officials of a foreign government seem to 'arrogate upon' themselves with regard to nationals of another country.
"We need to keep in mind the simple fact that there is only one victim in this case. That victim is Devyani Khobragade - a serving Indian diplomat on mission in the United States.
"The action taken against her was not in keeping with the Vienna Convention. There were no courtesies in the treatment that was meted out to the diplomat, under the normal definition of that word in English language," he said.
Read on: How Devyani Khobragade was insulted, humiliated in US
Observing that the statement includes remarks about equality before the law of both the rich and the poor, the Spokesperson said, "Not only is this a rhetorical remark that is not conducive to resolving 'inaccuracies', it is also not a feature of the law that is exclusive to the office of the Manhattan US Attorney."
In a statement in the US, the India-born Bharara not only defended the action against Khobragade but also said that maid Sangeeta Richard's family has been brought to the US. He said a legal process was started in India to 'silence her and attempts were made to compel her to return to India'.
Reacting to this, MEA said, "The statement in question acknowledges that legal processes were in place in India. Yet, incredibly, it invites speculation about why it was necessary to evacuate the family of Ms Richards and about the action purportedly being taken against them.
"The implication of this remarkable admission needs to be considered very carefully with regard to the implicit comment it makes about the Indian legal system, Indian law enforcement authorities, and the responsibility that legal officials of a foreign government seem to arrogate upon themselves with regard to the nationals of another country."
A 1999-batch IFS officer, Khobragade was arrested on December 12 on visa fraud charges as she was dropping her daughter to school and released on a USD 250,000 bond only after pleading not guilty in court.
The ill-treatment of the its diplomat evoked a sharp reaction from India which initiated a slew of steps to downgrade the privileges enjoyed by the US diplomats and their families including withdrawing airport passes and stopping import clearances.
India also questioned the right of a foreign government to 'evacuate' Indian citizens from its soil while cases are pending against them in the Indian legal system.
Observing that the statement underlines the compulsion that is felt by the Manhattan US Attorney's office "to make sure that victims, witnesses and their families are safe and secure while cases are pending," MEA said, "This is precisely why, when there is a prior legal process already underway in India, the Manhattan US Attorney should consider it obligatory to enable justice to take its course in India in the first instance.
"When the legal process in another friendly and democratic country is interfered with in this manner, it not only amounts to interference but also raises the serious concern of calling into question the very legal system of that country.
"It is our considered view that this statement is one more attempt at a post facto rationalization for an action that should never have taken place in the first instance."
Next: India says did not get response from US
India says did not get response from US
Washington: Notwithstanding Secretary of State John Kerry expressing regret, India on Thursday hardened its stand accusing the US of not acting on several letters to it about the missing maid of Indian diplomat Devyani Khobragade whose arrest and strip-search has triggered an outrage.
Conflicting statements on the issue came out from the US side with Kerry regretting the treatment meted out to Khobragade, India's Deputy Consul General in New York, and India-born prosecutor Preet Bharara defending her arrest on December 12.
Bharara not only justified her arrest, he conceded that she was strip-searched and confirmed reports that maid Sangeeta Richard's family was "evacuated" to the US, claiming that efforts were being made in India to "silence" them.
The Indian Embassy here said it had sent a series of requests to the US government to trace the maid and prevent her from blackmailing Khobragade.
"No response was received from the US side for any of these communications," the Embassy said as it gave details of the series of communications it made to the US government in the last several months. It said the only communication received from the State Department sought to defend the maid.
The statement was issued by the Embassy after Bharara criticised India's handling of the case. Refuting reports about the manner in which the diplomat was arrested and kept in a prison with drug addicts, Bharara said she was treated well and even offered coffee and allowed to make telephone calls. He also vowed to hold those breaking the law accountable "no matter how powerful, rich or connected they are."
In a statement, Bharara said the victim's family was confronted in numerous ways regarding this case.
"Some focus should perhaps be put on why it was necessary to evacuate the family and what actions were taken in India vis-a-vis them. This office and the Justice Department are compelled to make sure that the victims, witnesses and their families are safe and secure while cases are pending."
In her complaint, the maid accused the diplomat of violating US laws by underpaying her and forcing her to work for long hours. Khobragade was taken into custody as she was dropping her daughter to school before being released on a USD 250,000 bond after pleading not guilty in court.
The Indian Embassy in Washingtomn said it received State Department's letter dated September 4, which requested it to enquire into the allegations brought in by the maid disputing her terms of employment with Khobragade and seeking the findings of the Embassy.
The letter, sources said, was one-sided and projected the interest of the missing maid and did not take note of any of the communications made by the Indian officials to the US in this regard. As a result, both the Indian Embassy in Washington DC and the Ministry of External Affairs in New Delhi in separate but similar communications to them said that the "tone and the content" of the letter was objectionable.
India also sought action against the alleged blackmailing by Richard demanding that she be permitted to change her passport, visa status and to work elsewhere, which would be in violation of US regulations.
On October 8, a written response was sent by the Indian Embassy to the State Department rebutting the allegation and bringing out the facts of the case whereby Richard is seeking to subvert both Indian and US laws.
"The US side was also requested to assist in implementing an injunction issued on September 20, 2013 by the Delhi High Court against Ms Richard restraining from initiating any legal action against Dr Khobragade outside India," the Embassy said.
"Separately, on July 15, 2013, Mr Philip Richard, husband of Ms Sangeeta Richard filed a Writ Petition against Dr Khobragade and the Union of India alleging that Ms Sangeeta Richard was in police custody in New York and charging Dr Khobragade. On July 19, 2013, Mr Richard voluntarily withdrew his Writ Petition," said the Indian Embassy statement.
But, in his three-page unusual explanation, Bharara said that Khobragade evaded US laws designed to protect the domestic employees of diplomats and consular officers from exploitation. Bharara's terse statement came after Secretary of State John Kerry spoke to National Security Advisor Shivshankar Menon and expressed regret over the arrest and strip-search of Khobragade.
He said this 'isolated' incident should not hurt 'close and vital' bilateral ties.
"In his conversation with National Security Advisor Menon, he expressed his regret, as well as his concern that we not allow this unfortunate public issue to hurt our close and vital relationship with India," the State Department said in a statement.
On Tuesday, India retaliated with a slew of measures to pare down the privileges of American diplomats after details of Khobragade's arrest became public. The measures include, downgrading privileges enjoyed by US diplomats and their families, including withdrawing of airport passes and stopping import clearances for the US Embassy.
