burden of proof is on PB to show that DK was not working for UN at the time of her arrest, as whatever the burden ofproof was on DK was already submitted to the xourt as the UN identity card, which was reluctantly accepted by PB as a genuine one but doubtful only if she was actually working for UN. We can argue that asDK was getting distracted with additional responsibility as DCG, GoI decided to transfer her to UN permanent mission as her role in UN has been very satisfactory, anyways PB doesnt have any business to comment on what GoI Foreig. Office should do to its employee. Also it is none of PB's business to comment on what SR was doing in Consulate of India, if she was cleaning toilets in in CGI or working as Nanny. She is an employee of GoI and not a personal employee of DK. Period.
Hmm! Time to apply my vast experience of making judicial decishuns to this deep mattar.
So let's see:
1) it is true that DK had UN immunity in principle, prior to the arrest. The SD is now down to arguing technicalities of whether the UN forms were filled in, or read properly, or acted upon in a timely manner by SD. Did SD formally DENY or REJECT the UN accreditation? Or just let it sit somewhere? If the latter, and that is the usual practice (probably, given the timeliness of their performance on everything else), then it must be reasonably presumed that DK had UN immunity.
Therefore the ARREST was illegal. There is no question of arguing about the visa form etc, since the arrest was illegal. End of story.
2)SD's argument on whether DK was or was not doing some work for the UN, is incompetent, irrelevant and immaterial as Hamilton bin Burger would have said. I could argue that Kerry actually doesn't do diddly either for the money that he is paid, so why pick on DK? In fact the entire Indian Consulate rarely does any work, since they "outsource" everything, hey? The only time I had the misfortune to actually call them and get through was back in the 1980s when my passport renewal was delayed at lot. Called long-distance from Ulan Bator. Put on hold, as in receiver left on desk so I could hear the deep Consular/UN/Strategic discussions underway:
Oh, Ramesh, isn't that goldfish in that bowl oooooo soooooo cuuuuuuute, na? Sooo sweet of youuuuu!
(the rest was even more Classified Top Secret, I won't write it here, pls see Snowden/Wikileasks files). This was in the days when they HAD work to be done, i.e., b4 they "outsourced" the tough job of misspelling one's name on the Passport and putting those two stamps on it.
So the argument that DK
wasn't doing anything for the UN only PROVES that she was a regular UN diplomat.
That's what they do on any regular working din at the UN, the Consulate, and the SD: nothing. Except for the Paki wife-beater who comes on and threatens to nuke India periodically. And Muddlin' Halfbright who would hallucinate that she was back in a classroom full of would-b SD mandarins, and lecture everyone like they were cretins too. And imagine that anyone at the UN gave a pakistan what she ranted.
Anyway it is no business of the SD whether DK actually did anything at the UN or not. Sure they would know, because they snoop on everyone, but it is still none of their bijnez.
3) Looking beyond, HerOnner can see quite plainly that the entire case is bogus. It was SR who was the visa Applicant.
The COMPUTER and IP used may have been DK's. What else did they expect? SR LIVED THERE, arre Einshteins! They had only one DSL connection, and the computer that was connected to it was the apartment computer, i.e., "DK's" computer. SR was allowed to use it. OK, if SR was not charged for part ownership, nor apportioned pro rata costs by deduction from her paycheque for using it, then that should be added to SR's wages paid in computing what she was paid. Of course computing that would take a computer, and the cost of that should also be added in.
4) The argument that helping SR fill out the form was not part of Consular Duties is also bogus. SR was on an OFFICIAL PASSPORT. Therefore she was an employee of the GOI, not an au pair for DK. Therefore, the relationship between DK and SR was as supervisory GOI employee to underling GOI employee. Most definitely part of DK's Official Duties, just like filling out the UN accreditation card.
5) If the SD argues that the dates etc on the UN application "didn't make any sense",
that removes PB's argument that any nonsense written on the visa form was deliberate. DK apparently couldn't do anything by herself, she would mess up the simplest task. Why do you think her role at the Consulate was to look sharp and grin a lot? Probably all exam papers etc were done by daddy-O UK. See above re: Ramesh and goldfish to get an idea of the competence usually demanded of NYC desi Consulate Aphsarsinis. For that matter, look at what SD did with the UN accreditation sent to them many months/years ago. Q.E.D.
6) SD admits that the UN accreditation was through 2016 but since she left that is invalid. OK, so DK has been reassigned by GOI. So what? The US declared her png too, so they can hardly demand that she return to the US. Who's going to fill out the visa form for her to return? She? Clearly incompetent. SR? crooked. Mark bin Smith? Illiterate. Salman Khurshid? Don't make me
NaMO's PA (whoever filled out his form years ago)? Ditto.
But is HerOnner as experienced as I in these matters I wonder...
, and explains the WHY of the arrest and following pleasantries. It is precisely to frighten the victim into NOT APPEARING in court. Then the likely outcome is "no contest" (nolo contendre per my fine legal training from listening to my Dutch friend who was caught for DUI many saal pehle) leading to a verdict in favor of the muggers, and a very large, disproportionate monetary award (like $1M for the earlier Indian Consulate maid). This completes the modus operandi of the State-Sponsored Mugging.
I suppose the au pair has spend money out of her 200 stipend to actually meet the college fee.
to PB and save everyone a lot of time, money and energy. No sense in bringing case to trial. I am holding her to this minimal standard.