US India diplomatic row over Devyani Khobragade escalates

Had the NYPD not behaved they way they did, this would've been a case of Indians exploiting one another. Their behaviour was a result of their attitude towards slavery, not as a result of racism. Bonded labour and human trafficking are one and the same to them. The truth lies in the comments section of the articles related to this incident. Majority of the comments on International websites condemn Devyani while over here "nationalists vs rationalists" is the growing trend.

You are looking to the NYPD for rational action.

Their behaviour was a result of their attitude towards slavery,

Are you actually this deluded ? Do you think the NYPD gives two shits over who they arrest ?
They have 20 warrants to serve and a 9-5 job, after that beer at the corner bar just like everyone else. They aren't some Super Moral Anti Slavery Force.

the truth lies in the comments section of the articles related to this incident. Majority of the comments on International websites condemn Devyani while over here "nationalists vs rationalists" is the growing trend

You believe comments on a News Article than your own Govt. And what authority do those commenters have, to actually so weigh so heavily on your soul.

Nobody seems to understand that Americans loathe and detest the very idea behind Slavery or Human Trafficking. And they will treat anyone found guilty in the same way they would treat a psychotic serial killer.

As already pointed out Americans are pretty okay with slave like wages paid to Mexican seasonal workers .. they don't have any higher conscience. Please don't raise that pedestal you have higher than it already is .. Walmart isnt ready to pay a wage that enables their workers to eat properly.

Americans are perfectly comfortable walking around in Sneakers & Clothes made by child labourers in Third World Country .. Where is there superior conscience and sense of Justice then ?


Where was Devyani's common sense when she delivered the first blow (innocently perhaps) by lying on the Visa application form? She's supposed to protect the best interests of Indians abroad and then she commits Visa fraud?

Where was Sangeeta's common sense when she lied along with Devyani? but we like to go after the big targets don't we.


You've left out Richard's testimony. Such a testimony would've fallen on deaf years in an Indian Police Station.

So if our Police won't listen you will take the matter to the US Attorneys .. ? Really ?
There are enough measures to take case of such issues withing the Embassy itself, please don't make this out to be more that what it is.
The maid is hunting for a Green Card and a lawyer hunting for high profile target. Its not a human rights campaign.


Remember that the NYPD officer HAS NO REASON TO BELIEVE EITHER DEVYANI OR RICHARD. Now how do you suppose an NYPD officer (who has no idea of what goes on in India) would react if an Indian Domestic help honestly answered questions related to her work lifestyle (most of it in India if not all) that applies to Domestic Workers in America? And can you blame the NYPD officer for asking so? Don't you think any NYPD officer would ask why someone absconded in the first place? And is it surprising if Richard exaggerated if not lied? And can you blame the NYPD officer, who has no idea about the servant class in India, for believing Richard's exaggerated testimony? And considering all of the aforementioned points do you think an NYPD officer, who also is a citizen of a Nation that takes its constitutional rights very seriously, would acknowledge Consular Immunity?
sid donny darko you are lost in a reality( or dream) of your own making ..

NYPD is a police force, they don't listen to testimonies or pass judgement. Please stop using the NYPD as a filler word, its making it impossible to even consider reading what you've said.

Here's where you bring in the fact that Devyani falsified documents to get Richard into the country. Can the NYPD Officer undermine, let alone overlook, the fact that Devyani committed a punishable crime? Do you really think Devyani could convince the ignorant NYPD Officer that Richard was an alias and not an innocent victim?

Again I BEG you please don't repeat the words NYPD .. they are a total non-actor in this whole case. Devyani allegedly commited Visa fraud, a fraud in which Richards was an equal accomplice. Infact Sangeeta Richards was the one who went to immigration and lied & submitted the false document.


Its debatable if Devyani can claim that she falsified documents in order for Richard to help her with her work. And Richard would've most probably told the NYPD Officer that she's only a Domestic Help and in no way connected to Devyani's employment. So does the NYPD Officer choose to acknowledge Devyani's Consular Immunity on the basis that Richard was hired to help her with her work? Or does the same NYPD Officer charge Devyani on the basis of conduct since she chose to mislead the USG by falsifying documents; a crime that the Consular Immunity cannot protect an Foreign National Consul from and the fact that there was no basis for Devyani to underpay Richard on American soil does not work in Devyani's favoir. And lets not talk about some contract signed in India. It has no bearing on Foreign Soil unless a Foreign Authority is involved.

I ran out patience when I read NYPD Officer again.



Americans are a gullible lot. America is about truth, freedom and justice and they get very emotional about these three.The NYPD Officer works for his Police Department. He has no idea of what goes on outside his department and its not his business to interfere. From his perspective, Devyani is the equivalent of a Human Trafficker.

That's it I am calling him a TROLL now .. sorry to everyone for the time wasted in replying to him. For the last time please look up the meaning of a Human Trafficking.

Think like an American. But how can the Officer take a neutral stance? He has no idea that a servant class exists in India and neither is it his business. He's from the state police department. It wouldn't even have struck him that he should get an Indian involved to get a better idea. Why should he treat this as a special case?

So much facepalm ..

In America, its perfectly normal if an Officer decides to press charges and hand-cuff anyone no matter how important they are. Unlike in image-conscious superficial India, you don't lose any self-respect (until proven guilty) when an Officer subjects you to body-checks who are just doing their jobs. From the perspective of the ignorant NYPD Officer, Devyani violated human rights. In America, lying on any application form seeking the approval of the USG is also equal to falsifying documents. America did not over-act. They acted in the only way they knew how. If they are guilty of anything, then its ignorance. Here i am doing my best to understand the predicament of an ignorant NYPD Officer and you say that i'm making up stuff. They don't see the necessity in handling the matter delicately because they didn't think that we'd be so petty to make a fuss about. They're probably scratching their heads right now wondering why we're making such a big fuss.

Already replied earlier to this .. will not feed this NYPD fantasy any more.

If what you're saying about Preet Bharara's real motives is true then would i be wrong in asking why he would put his reputation at risk by protecting Richard alone when he could have them both arrested? Wouldn't it make his job easier?

He needs a star witness to build his case, and that makes his job easier. Prosecuting both would have been harder. Its simple math buddy.


The only way i think Richard convinced authorities is if she told them that she was either ignorant or if Devyani never mentioned that the secondary contract she signed in India would not hold ground on American soil. If this is the case then as per the TVPA, American Authorities have no choice but to protect the Richards' interests. The American Authorities won't care if the Richards' are greedy masterminds whom Devyani treated properly since they have no choice but to abide by the TVPA.
Richards doesn't need to convince a Harvard + Columbia Law graduate with 20 years of experience of anything. !! The second contract was signed in America, its not a valid contract.

if the Richards' are greedy masterminds whom Devyani treated properly
How can you alledge TVPA when there wasn't infact any Human Trafficking done ..

For the last time ..

Visa Fraud IS NOT EVEN CLOSE TO Human Trafficking. Please look up the meaning of each. Really, please do.

as per the TVPA, American Authorities have no choice but to protect the Richards' interests
Here is where I say you are cooking up facts. TVPA isnt some misdemeanor you can throw into a case..


And why hasn't Devyani been charged under TVPA if its such a big part of the case ??


The fact that NGO US Humans Right Watch is defending the US Government suggests that Devyani can be found guilty as per the TVPA

No it doesn't .. and please show me this NGO which is defending the US Gov. NGOs are no legal authorities. They are paid to look into such cases , its their job. This isn't some wild special case that NGO took notice to.


Since you seem hell bent on proving that i cook up my own facts instead of understanding that
1) Its our Cultural Differences which has made this as ugly as it is
2) A deputy consular general FROM INDIA REPRESENTS INDIA IN A POSITIVE FASHION.
3) The Americans had no other way to interpret a unique case like this and that suggesting a larger conspiracy at play is nonsense

1. Its the shoddy smear campaign of an over ambitious attorney who wants to score brownie points with his constituents.

2. Sure.

3. This isn;isn't some unique case, if you go through this thread alone you will find multiple such cases against diplomats of other countries. None of those cases ended up like this. No need for larger conspiracy just good ol' opportunism ..

I have quoted some of my own posts in chronological order - please count the number of times i've used the word "conduct" when i could've used "trafficking".

What does that even mean ? You have used traffcking more than enough time without any basis ..

An oversimplification. That's why i continue to use the word "interpret". Devyani was held responsible since as an employer she did not pay Richard properly.
Then please don't use the word interpret when you should be trying to state proper facts. Interpretations can be done in million ways, why should we accept only your version ?

Yes Devyani is being held responsible as an Employer, no shiz Sherlock.

Americans and all Caucasians alike, are a gullible bunch unlike us shrewd Indians. From where they stand, considering the cultural differences, i'm not surprised that they chose to believe the Richards'.

Biggest Facepalm of the Thread. This isn't about cultural differences.

Just because the reports don't explicitly mention the VTVPA means that it is not a solid reason to base a prosecution on. But that doesn't mean that it can be discounted.

Then where is the TVPA mentioned .. is the US Prosecutor some oracle. Can't you see the fallocy of your own statement. If isn't mentioned explicitly they will they ever consider going ahead with it.

But that doesn't mean that it can be discounted
or it should be discounted, swings both ways you see.


Please tell me on what basis did the American Authorities decide to
1) Protect Sangeetha Richard instead of arresting her as well.
2) Grant T2, T3 Visa's to Richards family

1. She became their Star Witness and cut a deal with the State Dept. She gets immunity for her crimes and testifes from the prosecution's side instead.

2. This has no bearing on the case at hand. US State Dept is free to do what ever they like, as clearly evident with this whole case.They had stonewalled the Indian Embassy for 6 months already .. I'd like to see them actually press charges of Human Trafficking if they are so confident, untill that its just posturing.

One theory I can suggest is that T2,T3 visa was part of the deal Sangeeta made to testify. She wanted her family in the US and T2/T3 is the fastest way to get it done.


It may not affect the legal outcome but don't you see what the HRW is trying to subtly hint at?

They can hint all they like, it wont change any existing fact of the case at hand. NGOs can come in after the trial completes to rehabilitate Sangeeta if need be. The ball is in the US Attorney's court, no NGO has balls to walk alongside them.
 
Even US and India might have not discusses so much about this topic as much as this thread has :D What say....
Lol, I'm surprised that you're surprised! Given the 'intellectual calibre' of some objects here, a discussion will be done on anything, let it be about this, or what's the need for a condom or anything!
 
Dehi High court order on Sep 20 2013

IN THE HIGH COURT OF DELHI AT NEW DELHI



CS(OS) 1809/2013



DEVYANI KHOBRAGADE ..... Plaintiff

Through Mr. J.P. Sengh, Senior Advocate with Ms.Padma Priya, Advocate


versus



SANGEETA RICHARD and ANR ..... Defendants

Through Ms.Richa Kapoor, CGSC with Mr.M.P. Singh and Ms.Saahila
Lamba, Advocate for D-3.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

20.09.2013

IA No. 15054-55/2013 (exemption)

Exemption allowed, subject to just exceptions.

Application is allowed.

CS(OS) 1809/2013

Plaint be registered as Suit.

Issue summons.

Learned counsel appearing for defendant No. 3 accepts summons.

Issue Summons to defendant No. 2 by Ordinary Process and Speed Post.
Issue Summons to defendant No. 1 by approved courier and e-mail,
returnable on13.12.2013.

IA No.15053/2013 (O.39 R.1 and 2 CPC)

Issue notice.

CS(OS) 1809/2013 page 1 of 6



Learned counsel appearing for defendant No. 3 accepts notice.

Issue notice to defendant No. 2 by Ordinary Process and Speed Post.
Issue notice to defendant No. 1 by approved courier and e-mail,
returnable on 13.12.2013.

This is an application under Order 39 Rule 1 and 2 CPC seeking ad
interim injunction to restrain defendants No. 1 and 2 from initiating any
action or proceedings against the plaintiff in any Court/Tribunal/Forum
outside India with regard to or arising out of or in connection with the
employment of defendant No. 1 with the plaintiff in US. It is the
contention of the plaintiff in the accompanying plaint that the plaintiff
is a career diplomat being a member of the Indian Foreign Service and is
presently posted as Deputy Cousul General (Political, Economic,
Commercial and Women?s Affairs), Consulate General of India, New York,
USA. Upon being posted in New York, the plaintiff had sought the help of
defendant No.1 to be a domestic help to take care of her household and
young children. Accordingly, a contract dated 23.11.2013 was signed
between the plaintiff and defendant No.1 at New Delhi whereby defendant
No. 1 agreed to go to USA with the plaintiff as India Based Domestic
Assistant (IDBA) to be employed at or in connection with the employer?s
residence in the position of IBDA. Reliance is placed on the clauses of
the agreement which stipulate that employee, namely, defendant No. 1
shall work only for the employer while in the USA and that the employee
will return to her home country promptly upon leaving employment. It is
stated that defendant No. 1 proceeded along with the plaintiff on air
ticket given by defendant No.3

CS(OS) 1809/2013 page 2 of 6



Thereafter, on 21.06.2013, defendant No. 1 is stated to have gone out of
the house and has not returned thereafter. The plaintiff has been
receiving calls which are in the nature of threat and attempt to only
extract monetary considerations from the plaintiff.

Learned senior counsel appearing for the plaintiff has placed
reliance on order dated 14.03.2012 passed in CS(OS) 610/2012, relevant
portion of which reads as follows:-

?I also find force in the contention of the learned senior counsel
for the plaintiffs that the plaintiff no.2 is a diplomat in the services
?of the plaintiff no.1 and was sent in official capacity to the United
States and thus enjoys Sovereign immunity and any order passed by the
court of United States would tantamount to interfering in the right of
the Government of India to determine the terms and conditions of the
employment of its diplomatic officers posted abroad , including the terms
by and under which assistants are provided to such officers. Article
53(4) of The Vienna Convention on Consular Relations, 1963 to which
both India and the United States Of America are a party states that
with respect to acts performed by a consular officer or a consular
employee in the exercise of his functions, immunity from jurisdiction

shall continue to subsist without limitation of time. The defendant no.1 herein was assisting the plaintiff no.2 in carrying out her duties
in USA. The defendant no.1 was an employee of the Government of India
and so was the plaintiff no.2 and both were Indian Citizens sent abroad
by the plaintiff no.1 for carrying out their respective duties. The
treatment whatever alleged by the defendant no.1 has happened within
the official residence of the plaintiff no.2 which is in occupation and
belongs to the Government of India and only the Indian laws would and not
the laws of the United States. Hence, in such a scenario during the
tenure of the plaintiff no.2 in USA, if the defendant was treated
mercilessly as alleged, the courts in the United States would not have
jurisdiction to pass an order against the

CS(OS) 1809/2013 page 3 of 6

plaintiff no.2, she being not amenable to the jurisdiction of that
court. However, even if the allegations are assumed to be true, then
also the remedy of the defendant no.1 lies before the courts at India
and not before the United States Courts.

It is important to state that the plaintiff no.2 entered into a
contract with the defendant no.1 before proceeding to the United States
in 2006 and that contract placed on record is the standard agreement
prescribed by the Embassy of United States in India for regulating the
relationship between diplomatic agents and their domestic assistants.
However it is important to state that the plaintiff no.1 has failed
to place on record any contract governed by the plaintiff no.1 for her to
be attached to plaintiff no.2 under the IBDA scheme or as to what are
the terms under the IBDA with regards to wages and accommodation, etc.

For the grant of an anti-suit injunction, the court has to determine
that whether the defendant is amenable to the personal jurisdiction of
this court and that the ends of justice would be defeated if the
injunction is declined. It would be apt to reiterate the observation of
the learned judge in the case of Videocon Industries(supra) on which
reliance has been placed by the counsel for the plaintiff as follows:



97. Further, as regards the contention of the defendant that an order of
anti-suit injunction ought not to be granted as it would transgress the
norms of judicial comity, indubitably the settled position in law is
that an anti-suit injunction should be granted only if there is an
impending risk of conflicting judgments and, if and only if the
proceedings in the Court of foreign jurisdiction would perpetuate
injustice. This Court is not oblivious to the fact that while granting
anti-suit injunction it must tread cautiously having regard to all the
facts and circumstances of the case, but this Court is also mindful of
the fact that an anti-suit injunction operates against the party

CS(OS) 1809/2013 page 4 of 6

concerned and not against the court of foreign jurisdiction. Moreover,
this Court cannot turn a blind eye to the vexation and oppression which
would be caused to the plaintiff by compelling it to re-litigate on an
issue upon which the Supreme Court has given its final and conclusive
determination. To compel it to do so would constitute the worst

imaginable case of abuse of the process of the Court, besides giving a complete go-by to the principle of res judicata and issue estoppel
which govern the public policy of India.?



Hence, in the light of the above, in the present case if the foreign
courts are allowed to decide the issue finally, then the whole concept
of anti-suit injunction would be defeated. Hence, applying the tri-
partite test of prima facie case, balance of convenience and
irreparable loss and injury, this court deems it appropriate to grant
an ex parte anti-suit injunction in favour of the plaintiffs and
against the defendants restraining them from pursuing the
complaint/claim titled Ms.Shanti Gurung vs. Ms.Neena and Jogesh
Malhotra or rely upon the order dated 22.11.2011 and 22.2.2012 passed
by the Magistrate of the Southern District Court, New York to get a
final judgment or proceed to enforce the same till the next date.?



Learned senior counsel submits that the said interim order continues
to be in operation.

In view of the above, it is clear that the facts of the present case
are somewhat akin to the facts in CS(OS) 610/2012. The plaintiff has
made out a prima facie case in her favour. Balance of convenience is also
in favour of the plaintiff. In case an ex parte ad interim injunction is
not granted in favour of the plaintiff, it will cause irreparable harm
and injury to the

CS(OS) 1809/2013 page 5 of 6

plaintiff.

The defendants are restrained by way of ex parte anti-suit
injunction from initiating any action or proceeding or filing any suit or
claims against the plaintiff in any Court/Tribunal/Forum in any county
outside India with regard to arising out of or in connection with the
employment of the defendant No. 1 with the plaintiff.

Plaintiff shall comply with provisions of Order XXXIX Rule 3 CPC
within a period of one week from today.

Dasti.





JAYANT NATH, J

SEPTEMBER 20, 2013

rb





























CS(OS) 1809/2013 page 6 of 6


 
Americans are a gullible lot. America is about truth, freedom and justice and they get very emotional about these three.
Which nation is not. That sounds like fan - boyism for Uncle Sam. I am sure you will never be a draftee....! Do we all not strife for these metrics..? What are you trying to say here. Such blatant and outright support of a foreign soil is uncanny, at the onset...!

The NYPD Officer works for his Police Department. He has no idea of what goes on outside his department and its not his business to interfere. From his perspective, Devyani is the equivalent of a Human Trafficker. Think like an American.
And our cops do right..? We are supposed to understand diplomatic immunity and rights of foreign nationals, but an NYPD officer of the law, can go John Wayne when he deems fit. What watered-down argument is this, bro. Why should I (we) think like an American. We have had enough of their rot and global bullying, including their malign presence in our neighborhood and the ME region. They should be told to efff off; and stay in their homeland. Period.

But how can the Officer take a neutral stance? He has no idea that a servant class exists in India and neither is it his business. He's from the state police department. It wouldn't even have struck him that he should get an Indian involved to get a better idea. Why should he treat this as a special case?
I meant neutral to the diplomat and the staff. Not to get carried away by Benjamin Franklin's document, and get emotional when making an arrest. He should have done more research, unless this was a set-up. America had no right, to fly the family out on expedited VISA(s) cause they felt they would be hounded here. Do we have a Charles Shobraj here..! LOL.

In America, its perfectly normal if an Officer decides to press charges and hand-cuff anyone no matter how important they are. Unlike in image-conscious superficial India, you don't lose any self-respect (until proven guilty) when an Officer subjects you to body-checks who are just doing their jobs.
You make it sound as if the cops are Gods. Ayn Rand wrote this too, though. Well: Within the law. India is not that superficial we have our values, and an old-world culture. Our heritage is much much richer than American McDees and Diet Coke...!

From the perspective of the ignorant NYPD Officer, Devyani violated human rights.
Could be. It was uncalled for. This volcanic escalation, speaks of "more than meets the eye".

In America, lying on any application form seeking the approval of the USG is also equal to falsifying documents.
Did she actually. Are we absolutely sure of this. :)

America did not over-act. They acted in the only way they knew how. If they are guilty of anything, then its ignorance.
Ignorance as a path-way = over-act...! ;)

Here i am doing my best to understand the predicament of an ignorant NYPD Officer and you say that i'm making up stuff.
I felt that, apologies.

They don't see the necessity in handling the matter delicately because they didn't think that we'd be so petty to make a fuss about. They're probably scratching their heads right now wondering why we're making such a big fuss.
Cause they physically pushed us. A foreign officer (civil / military / political) is "India" abroad. They messed with that. What if we had done this..?

This case highlights cultural differences that abound between our nations.
No.
People like the diplomat, are placed to smoothen cultural differences. Shows the push-come-to-shove nature of America, which is a global menace, and reeks of the Soviet era, but on a global accord...!

It was never my intention to put words in your mouth. I'm sorry you feel that way.
Thanks..! :)

From the perspective of a righteous yet ignorant NYPD Officer
- Lying to the USG
- Underpaying a human being on American soil which can also be interpreted as abuse
It could be the, staff lied...! Sounds, Biblical.

... on a differnet note, are your responses a purposeful attempt to get personal and undermine my arguments? Is this your way of proving me wrong?
Does the past haunt you so much. Move on. I am not getting personal, when I exercise the word "you". Just another debate.
:)[DOUBLEPOST=1387551837][/DOUBLEPOST]
But you cannot dismiss the fact that they changed. I wouldn't call them hypocrites, not until we prove that we can uplift the servant class and do a better job than they did for the African Americans.

You know what Jim Crow was, and when it ended. Why are you comparing a 3rd world nation to us, in terms of human rights...!
 
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My favourite country was USA since I was 16, I had a plan to live there for long, until I stayed there back in 07/08. I still will be forced to go there due to business but staying or loving that country anymore is beyond me. You can read zillion articles, magazines or those garbage and think like Newton but seeing something with your own eyes is different! Racism is in their DNA, period.
:rolleyes:
 
I'm sick and tired of these reports alleging mistreatment of Indian help at the hands of Indian diplomats. They'll only learn when one of their own goes to prison for this. And as for retaliation, there are far more Indians in America that Americans in India. What exactly is India gonna do if, say, they start deporting students? I guess, the government must have conveyed to their american counterparts that all this bluster is because of the upcoming elections.
 


Americans and all Caucasians alike, are a gullible bunch unlike us shrewd Indians. From where they stand, considering the cultural differences, i'm not surprised that they chose to believe the Richards'.


:hilarious::D:hilarious::D

most LOL-worthy thing i've read in ages. thanks for that.

please tell me dear sir, how else are these superior beings so much better than us lowlifes & can we ever reach that exalted position?

i guess all of them are some superior version of Forrest Gump
 
Did you guys know that Devyani and her father have been accused of connivance in the Adarsh society scam?

Edit: Got ninja'd by manu1991
 
^ that "throw her in an Indian jail" part is not gonna happen anytime soon.
Though she is might be having diplomatic immunity in USA, in India there are /is arrest warrant pending on her. So, to spend few days in an Indian jail is not far fetched if law and order is handled in 'Murrican way here.

I have no respect for this lady, she deserves what she gets. The issue is only in the way Americans dealing indecently.
 
Though she is might be having diplomatic immunity in USA, in India there are /is arrest warrant pending on her. So, to spend few days in an Indian jail is not far fetched if law and order is handled in 'Murrican way here.

I have no respect for this lady, she deserves what she gets. The issue is only in the way Americans dealing indecently.

True, but as per reports she has used her resources to good effect, which she might as well use to evade a jail term in India. If justice indeed is meted then nothing like it.
 
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