India-US Strategic News and Discussion

[Amber G.]

Interestingly there was a article by a Law professor, (who was actually SD's legal adviser in Bush's time) commenting about DK's episode, Kerr's memo etc. Similar to Hofstra's law professor, it was quite critical to justice dept (PB's domain) ... so not only SD deserves an F but also the prosecutors also deserves an failing grade..according to these law professors. (Even these lawyers are writing that Kerr's memo actually puts american diplomats in danger - because same argument can be used wrt to them)

[UlanBatori]

Thanks, Amber, but there is a reason why I spend my time hiyar rather than at ree-diff or other gems of desi mediaship. Very hard to be Bojitive about desh if you see what passes for Eye Kyoo, and the results of cavity search between the ears.

[Lilo]

Amber G ji,
Are you sure those are the only 'gems' *sent* as comments to that artecal in Al-Chindu ?
What if they are the only 'gems' which were *chosen* to be published - to give a wrong idea of the public pulse ?

There is afterall no dearth of itivity types who might get effected by a punitive response by Massaland govt( though handtwisting on the H1B visa for example) teach Indians a lesson.

So it could be either or a combination of above ... reflecting in the comment section .

Since you mention SSridhar ji , you should ask him the difficulty of getting a sensible comment going against the editorial line(or in this case the grain of the artecal) of Al-Chindu getting published (even on their website) .

Maybe this should should go into slavery thread.

[Amber G.]

UB - Understood, it is just that I was VERY surprised (if not disgusted) to see those comments... Guess I have not paid too much attention to comments before in these newspapers.

[Amber G.]

Amber G ji,

Since you mention SSridhar ji , you should ask him the difficulty of getting a sensible comment going against the editorial line(or in this case the grain of the artecal) of Al-Chindu getting published (even on their website) .

Please do not put motives or unnecessary importance to items such as posts put in here. The name "Sridhar" is just a name which appeared there, it is obvious that it has nothing to do with SSridharji.

[Vayutuvan]

AmberG ji,

One thing I don't understand. US actions, in contravention to the international agreement, against a represnetative of India should not make her untouchable/beyond criticism/legal action in India by the Indian legal system if she did something wrong in India. Indian citizens should be free to express their wishes. That argument is a one step corollary to the support given to the DCG by GoI. If Indian citizens are asking for the same laws of the land to be applied in the fullest without exceptions, there is no case for non-Indian Indophiles to interfere in that process - for or against.

We don't know the nationality of the people who are commenting in the Hindu nor the people who are posting at BRF.

(Sorry for having left out critical two words which I inserted in red above)

[Amber G.]

Sorry if posted already.. I think this item is interesting, coming from Rice.

Susan Rice says Devyani Khobragade issue shouldn't affect India-US relationship

ddressing the issue, Susan Rice, President Barack Obama's national security adviser said that such challenges should not derail the future that the countries have been working diligently to build.

Rice further said that those difficulties should be minor compared to the breadth of the countries' relationship and the magnitude of what can be accomplished together, adding that the countries should deal with their differences in a constructive manner, the Nation reported.
<snip>

Also, from Indian Ambassador: (Similar note)
Big issues between India, US gone now: Jaishankar

Houston: India's new Ambassador to the US has said the "big issues" in bilateral ties do not exist any more after noting that there were desperate times when India and the US were "not on the same page".

In an apparent reference to the Khobragade episode that soured ties between India and the US, S Jaishankar said the two nations are now "broadly thinking alike".

....

Speaking at a reception organised by the Indo-American Chamber of Greater Houston (IACCGH) here recently, Jaishankar said there were desperate times "when we were not on the same page...Not even on the same book".

"The big issues are gone now and broadly we are thinking alike. And people want us to give suggestions, are looking up to us for solutions to the problems," he added. "After a month of going around in Washington, I've observed that there is today an appreciation where we have reached."

Jaishankar said his visit to Houston - his first tour outside Washington ever since he took charge - was productive as his focus was mainly on oil and gas.

"Let us test our imagination on how much more the two nations can cooperate in areas like business, defence, aviation, knowledge, education research.

"Indian government realises it is important to increase business confidence and has issued clarifications on tax rules and investments by foreign manufacturers like pharmaceuticals," Jaishankar said as he spoke candidly on the?India-US relations beyond trade.

He noted that though bilateral trade has expanded four-fold in the last eight years, but at USD 100 billion, it is still not enough.

Jaishankar also met with prominent industry leaders in the crucial oil and gas field, and businessmen from the IACCGH for discussions over investment opportunities in India.

Three reasons why India and US are close and think alike is because trade has quadrupled, bilateral investments are very strong, and the values and ideals are similar, he said.

"Houston has a special relationship as its trade with India is about USD 8 billion, more than some countries," he said, adding "Texas is an exceptional state of the US."

IACCGH executive director Jagdip Ahluwalia addressed the gathering that included Robert Beauchamp, CEO, BMC Software; David Leebron, president, Rice University; and Renu Khator, president and chancellor University of Houston as guests.

Jaishankar went on to recognise two individuals who have just been awarded the Padma Bhushan, India's third highest civilian award Ashok K Mago of Dallas for his role in forging the civil nuclear deal between US and India, and Khator for her contribution to educational initiatives between the two countries.

[Lilo]

Amber G ji,

Since you mention SSridhar ji , you should ask him the difficulty of getting a sensible comment going against the editorial line(or in this case the grain of the artecal) of Al-Chindu getting published (even on their website) .

Please do not put motives or unnecessary importance to items such as posts put in here. The name "Sridhar" is just a name which appeared there, it is obvious that it has nothing to do with SSridharji.

Well, you misunderstand. I quite understood that it was in jest, as is obvious.
However since you mentioned his name (assuming you knew that he is infact a regular respondent to Al-Chindu's artecals and the failure to get many of his comments published as he himself mentioned here many a times) , in that case you should be aware that Al-Chindu comments are often one sided and highly moderated to fit with their editorial line .

And the slavery thread was mentioned because the threat of revoking H1B visas and other goodies as retaliation by massa in case of the IndoMassa relationship turning frosty due to India standing up for itself in the DK issue , may be in fact pushing people linked to this relationship to diss DK in comments section. In that case its another example and the effect due to the form of slavery Massa is practicing using its immigration system rules on turd world origin professionals.

[Amber G.]

<snip>

Well, you misunderstand. <snip>.

No I did not.

[Lilo]

AmberG ji,

One thing I don't understand. US actions, in contravention to the international agreement, against a represnetative of India should not make her untouchable/beyond criticism/legal action in India by the Indian legal system if she did something wrong. Indian citizens should be free to express their wishes. That argument is a one step corollary to the support given to the DCG by GoI. If Indian citizens are asking for the same laws of the land to be applied in the fullest without exceptions, there is no case for non-Indian Indophiles to interfere in that process - for or against.

We don't know the nationality of the people who are commenting in the Hindu nor the people who are posting at BRF.

matrimc ji,

I don't see common Indians predominantly uninvested in a so called "healthy" Indo Massa relation ship making such ignorant and hateful comments on their own country's diplomat and supporting massa action of stripping her. Every one knows and feels the anger when their diplomat is insulted in a foreign country - even a random (otherwise illiterate) person can recount the episode leading to Lanka dahan when Ravan in his haughty self decided to Kill the mere monkey Hanuman , Vibhishana had to step in and councel ethics yet as a insult his tail was lit with fire ultimately leading to Lanka dahan and decimation of ravans forces along with his capital.
Similarly when Sri Krishna in his diplomatic capacity was insulted in kaurava sabha , satyaki stepped in bristling with anger ready to lob off the head of duryodhana - this scene immortalised in a Raja Ravi varma painting too is also well known. In fact rules of treating envoys are well explained in both these contexts.

So if for a piddly matter of few lakh rupees if a person of Indian citizenship (without taking recource to Indian law first) defects to a foreign power and precipitates a humiliating custodial rape on their nation's woman diplomat in the foreign power's hands, there will be few symphaters to the SRs case among normal Indians.
What you get to see in the comment dissing DK as if its their daily job are predominantly the affected Indians (affected by fortunes of IndoMassa relaionship) or just plain foreigners.

The common indian support to DK is based on principles. Fore most among them is the principle of self preservation .If the nation perishes people perish . If a nation's Diplomats are humiliated the people are humiliated.

Q:Fate of a defector like SR ?
Ans:Bhaad mein jayein, mere kya ?

Amber G ji,
OK.

[UlanBatori]

Jaishankar said his visit to Houston - his first tour outside Washington ever since he took charge - was productive as his focus was mainly on oil and gas.

Excellent choice of location for that. Must have eaten lunch or dinner near JSC.

P.S. AmberG, Lilo, I understand both pov. I once sent a comment first as my honest self, full naam, pata, etc. To Hundistan Crimes. Disappeared. Then I sent the SAME COMMENT, as Abdul bin Kabul from Oslo, Norway. Published within the day.

But TOIlet, whatever we may say, has been pretty good about publishing comments, when I can find the pw etc. Rediff, I am never able to post because their ***** software does not seem to work on Laptop-ul-Uighuri. So frustrating, but I am sure it has also saved me much time and trouble because of what I have wanted to say, usually about the Editors' family tree and DNA.

So you have to consider that Rediff and Hundistan Crimes have effective filters to pre-empt any sensible posts.

[Vayutuvan]

Lilo: I inserted the the missing two words after rereading. I hope it reads better now.

To clarify -

What I am saying is that once the DCG has been transferred to UN and has gone back to India, as far as US citizens are concerned, the bungling has come to an end.

This incident should not be forgotten by India or its citizens.

US had behaved like a bully. The blame - if not 100% at least 90% - should be assigned to USSD. Some internal struggle might be going on between Secy. Kerry's constituency and POTUS' constituency which will become public once the democratic party primary season starts. It is crystal clear that India is the aggrieved party. Who ever is arguing that the DCG committed a felony according to US law are in direct conflict with Indian constitution and sovereignty. Non-Indian citizens are out of India's reach about whom India cannot do much. Nor can India effect any changes in the US legal or legislative system. Specifically India (and Indian citizens) throwing mud at either PB or Nisha DB or Uzra Zeya is unprofitable. That said Indian citizens are completely justified in criticizing US DoJ and DoS as they are simply exercising their right of freedom of expression which is recognized universally as an inalienable right. It is even desirable so that the US understands that there is a larger constituency in India which would not put up with US bullying.

In an ideal world, the US would find and publicly punish the responsible entities for the snafu in a time bound manner. Since the US pols are completely taken in by realpolitik this would not happen. Instead these grouses would be used as bargaining chips and the entities just pawns to be saved or sacrificed. The prudent course of action for India and non-Indian Indophyles is to firstly deconstruct the internal structure and dynamic so that it can be used to India's advantage in future. Be assured that there will be chances to use that information.

By the same token, if India and Indian citizens want to take up corruption cases committed in India by Dr. DK then non-Indians have no standing to either to support Dr. DK or detract her.

As for SR, she is out of India's reach at this point and is of no concern to India other than the T visa issue which needs to be followed up by India if not for anything else to show US that such a behavior which flouts Indian law would not be tolerated.

[Lilo]

^ matrimc ji thanks now understand your post well.

===============================================
OK something on a Filipino maid abuse by a currently Mumbai based massa diplomat.
+
IT department nondigitally probing Massa embassy school accounts for non payment of taxes.

…......

With the US authorities refusing to withdraw visa fraud charges against Indian diplomat Devyani Khobragade, Indian authorities are proceeding with the pursuit of tax issues related to American school employment contracts and are also closely following contracts entered into by US diplomats here with their domestic helps.

One such contract between a Mumbai based US diplomat and his Filipino maid, a copy of which is with this paper, suggests that the maid is being paid less than $ 3 per hour. The minimum hourly wage in the US is $ 7.25.

According to her lawyer, Khobragade actually paid $ 9.75 per hour to her maid in New York, as promised by her in the employment contract, in the form of the amount paid here to her husband and also cash payments and "permissible deductions" for various services in the US.

The US State Department says that the salary paid to local staff of US diplomats is based on "prevailing wage rates and compensation practices". Unlike the contract between Khobragade and her maid Sangeeta Richard though, this one between the US official and his maid doesn't carry any stipulation of hours of work. The contract, which came into effect December 1 last year, says that the Filipino maid would work "six full workdays per week" at a salary of $ 458 per month. Even at only 8 hours per day, it is perhaps safe to assume she works well over 40 hours every week.

Authorities here believe that the Khobragade contract was more favourably inclined towards the maid also because it restricted work to 5 days and 40 hours per week. The Filipino also has only 5 holidays apart from a 12-day annual leave and no ticket for home leave during the period of 3 years. On the other hand all domestics going with Indian diplomats are entitled to a return airticket after completing a year's stay abroad.

There was no response from the US embassy here on questions about the contract between the US diplomat and the Filipino maid . Like Richard, the Filipino maid too has rent-free accommodation, free internet and food allowance. She also has "appropriate contributions" to Filipino Social Security System. While the Filipino maid has medical insurance, Richard had a "100 per cent" medical cover under which all such expenses were borne by the Indian government.

In case of any negligence, the contract with the Filipino maid also specifies that all such issues will be decided by the employer only. There is no option of any recourse to local courts or US courts or even courts in the Philippines.

CNN reported in 2009, quoting a State Department report, that many local staff of US diplomats across the world were being paid less than a dollar per day. The State Department mandated contract between Khobragade and Richard projected an average of 40 working hours per week (approximately a salary of $ 1560 per month at an hourly wage of $ 9.75). Around $ 560 was given in the form of Rs 30,000 transferred to her husband's account, another $ 625 in cash and remaining in deductions.

Meanwhile, Income Tax department has also begun a probe into alleged tax violations by the American Embassy school here. "Once the preliminary information is gathered, the tax department would be taking a view on issuing notices to the authorities concerned. Also, the CBDT would be informed as this is not a regular case and involves relations between two countries," an agency report quoting government sources said. As per the information available with the government, several teachers at the American Embassy School were working "illegally", in violation of both tax laws and their visa status

http://m.timesofindia.com/india/Khobrag ... 122284.cms

If and when Massa colonises India in the near future , Indian maids like SR can enter into such similar glowing contracts with massa masters as the Filipino maid was made to. Ohh the joy !

I-T Department Probing Alleged Violations by American School

By PTI - NEW DELHI

Published: 09th February 2014 11:33 AM

Last Updated: 09th February 2014 11:33 AM

Income Tax department has begun a "discreet" probe into alleged tax violations by the elite American Embassy school here even as the External Affairs Ministry awaits a response from their officials on the details of the teachers working at the school and their salaries.

The I-T department's exemption wing, which deals with tax related issues pertaining to charitable institutions and those bodies which have been granted I-T waivers, has begun a "discreet probe into the financial aspects" and alleged violation of Indian tax laws, sources said.

"Once the preliminary information is gathered, the tax department would be taking a view on issuing notices to the authorities concerned. Also, the CBDT would be informed as this is not a regular case and involves relations between two countries," the sources added.

As per the information available with the government, several teachers at the American Embassy school were working "illegally", in violation of both tax laws and their visa status


The government has earlier indicated that these violations were serious and it was likely to initiate action in this regard.

However, MEA is still awaiting a response on the information sought in December last year on visa and other details of all the teachers at these schools and their salaries along with the bank account details of their Indian staff members.

India, in 1973, had granted "tax exempted status" to 16 teachers of the school. However, as per information available with the government, there were many more teachers who were working but not shown as such.

However, in Washington last month, US State Department Spokesperson Jen Psaki responded to reports of an Indian government inquiry into allegations of tax evasion with the statement that the school "is not run by the Embassy (and) only about a third of the students there are American".

India initiated a slew of initiatives in retaliation against the arrest and strip-search of its senior diplomat Devyani Khobragade, a 39-year-old 1999-batch IFS officer, on December 12 in New York on charges of visa fraud.

Extra privileges given to US diplomats were withdrawn and activities of various American institutions were put under scrutiny as part of Indian government's stern reaction to the issue.

The sprawling school, located next to the US Embassy on American government-owned land, has about 1,500 students on its rolls, nearly 500 of whom are from the US.

The remaining students hail from several different countries and also include some locals.

"I-T exemptions are made for an agreed number of entities after proper circulars are drawn up officially. Tax authorities have to be informed about any scaling up or down in these numbers. The information that has come is that some violations are being done in these numbers and the department will verify that," the sources said.

Media reports have suggested that the US authorities have advised female spouses to fill up their visa details as that of a "housewife", which is an apparent effort to evade the tax net.

Apart from withdrawing extra privileges of the US diplomats, India also asked the US Embassy to "discontinue" commercial activities undertaken by the American Community Support Association (ACSA) from its premises.
http://www.newindianexpress.com/nation/ ... 046979.ece

[UlanBatori]

This is the red flag statement indicating Back to Chalta Hai chai biskoot:

The government has earlier indicated that these violations were serious and it was likely to initiate action in this regard.

They are supposed to enforce the law, are they not? Are they paid to sit on their thumbs? The above is EXACTLY what they say to Pakistan each time there is a terrorist attack or a murder of Indian citizens on the LOC. No different from what a corrupt cop says to someone that they stop. As in "if you don't want me to.. (pay me Rs. XXXXX)". If they are going to do their jobs, they should file charges, arrest, cavity-search and dump in Tihar and then worry about the rest. Start with the Ambassador, the Director of the School, and all Board members, and all the offending spouses. Per the memo from the Legal Eagle Kerr of the USSD, things that the Ambassador does outside her consular/ambassadorial duties are not covered by Immunity. Being the person who appoints 2 Board Members to the AES (which is declared to be NOT a US embassy operation at all, hence not covered by any immunity) and generally running the show there, are not duties of the Ambassador's diplomatic portfolio.

I mean, get the USSD to get their Hearts and Minds moving.. At the very least, it will trigger a COTUS investigation. Of course they will threaten on the H1B etc, let them do that and have the US companies point out the obvious - that it is all the SD's fault.

Wonder if India can find a junior assistant prosecutor named something to rhyme with PeeBee, somewhere in the vast "Poonjab". Or maybe Richard.

[Lilo]

^ Mebelieves that quoted line is evidence that GOI is proceeding on a calibrated escalation ladder - preannouncing each step to give the other party ample time to respond or make amends .

=======================
Heard from massa embassy in dilli when I was watering its west wall todin morning.

Dayum it pisses me off to no end when DK was not given such a choice of well calibrated escalation ladder in events leading to her strip search , keeping with our proud massa traditions of diplomacy.
Now dutty Yindoos upto their usual chankian games masquerading as if having large hearts and behaving all Diplomatikky - when the whole world knows these dothead vegetarians have small hearts.

[UlanBatori]

May the goats of Ambassador Jaishankar breed well and drop droppings even better.

Dissatisfied with BLS International Services, a visa outsourcing company, the Indian Embassy in the United States has announced for a new bid on February 5. It is not clear when the BLS International’s contract gets over but the new service providers will be required to start operations by May 21, 2014. The information posted on the embassy website shows an invitation for bids for outsourcing of services related to issuance of Indian visas, overseas Citizen of India and Person of Indian Origin cards, surrender and renunciation of Indian citizenship certificate. The Contract will be signed for a period of four years with a provision for review of operations every year. Since BLS International was awarded the contract last July, Indian consulates in the US have received hundreds of complaints about its poor service.

#1 need to get better sympathy from IAs, for desi diplos. #2 is if the desi diplos actually start giving a pakistan about the plight of "common" Indians who get into trouble with the (out)"laws" in the Yoo Ess (or anywhere in the Duniya, esp. Gelf). If I start posting on that issue I might trigger a riot and a lynchmob here.

[UlanBatori]

^ Mebelieves that quoted line is evidence that GOI is proceeding on a calibrated escalation ladder - preannouncing each step to give the other party ample time to respond or make amends .

Yes, but they haven't got diddy from the Yoo Ess Emb. on their various requests for info. They need to put out a demand in the newspapers every din and pile the dung on generously.

Meanwhile I bet the planes have been full of Pacos, Mays etc being "evacuated" tuit suit while the MEA sits on their thumbs. When they finally get "ready", there will be no criminals to arrest.

[Amber G.]

Since no one else commented on how insightful some of the brf posts were.. let me toot our own horn
)

What r u guys reading?
The FIRST thing I read is what, I hope, HerOnner also reads with Rooh Afza in hand:

I hope you (and others) read what was posted in BRF around Feb 4.. HerOnner may have seen these points as many were talking about it, (and I posted in brf too )

See http://forums.bharat-rakshak.com/viewto ... 2#p1588672

Please do read the above..

Interesting that in spite of some dismissive tones.. and INANL type mocking, brf had some points..prominently displayed in DK's attorney's Feb 9 documents...

(Yes, I pointed out 5:47 PM thingie... too)

Here is the older post.. (Remarkable that many points here appear in the documents posted by Sivab..

. Now let's see what she [the judge] really thinks of the facts in the case.

Let us help her to think over the few things..(Let us pretend we are the judge).. add points if you see them fit. (I am putting some thoughts of my own and what I have heard read from others)

PB's arguments and supporting SD' memo talk a lot about consular immunity (and acts committed in official duties etc..) so..

- Was DK's role in assisting SR in putting together the visa application documents (assuming DK prepared all of them) within the scope of her official authority as a consular officer ? .
(Note that DK' lawyer does not argue consular official acts at all, He argues only - DK's status as a temporary and then as a permanent member of India's UN mission.) PB devotes a couple of pages to it, but it does not addresses - consular officer's official role in assisting her fellow citizens in passport and visa matters.
(This point is very prominently argued in Arshak's brief on Feb 7) (That assisting someone can fall in the scope of "official duties")

2. Was the paperwork correctly done re: DK's status as a temporary member of India's UN mission and for how long was that status accorded ? (These documents can be seen in sivab's post, including UN's official "understanding" A letter of opinion by none other than UN Asst. Sec-Gen. for Legal Affairs !)

3. A letter of 8 Jan 2014 states - (slight paraphrase) ([quote]As of 5:47 pm today, DK has been recorded as a Counselor at the Permanent Mission of India to the United Nations. ..As a Counselor, you are entitled in the territory of the United States to the privileges and immunities of a diplomatic envoy under the terms of Section 15 of the Headquarters Agreement between the United States and the United Nations.

Members of your family who are regularly resident with you, provided they are not citizens of or Permanent Resident Aliens in the United States, also enjoy immunity from the criminal jurisdiction of the United States and immunity from civil and administrative jurisdiction consistent with the Vienna Convention on Diplomatic Relations.

*** If judicial jurisdiction over the diplomat by this court terminated as of US acceptance of that status (5:47 pm, 8 Jan 2014), under what theory of judicial jurisdiction could jurisdiction over DK starts..
(1) if her diplomatic status continued up until she had left USA; and (2) if at no time has she returned to the USA)

(This was asked in brf post!)
For an impartial judge, PB's arguments have big holes - (1) consular immunity based on official acts; and (2) temporary UN diplomatic immunity (see point ***) - he didn't argue (1) and the paperwork that is before the court is not complete on (2).[/quote]

[UlanBatori]

Congratulations. Seriously, I do hope that HerOnner is as honestly smart. It's just very hard to have faith in the System, given the utter corruption seen in the SD, and the arrogance of PB's operation. I still say that it is a rogue operation in the SD to extort $$M from foreigners, and that COTUSppl should be sensitized, to do any good.

[Vayutuvan]

The timing of accrediting the UN transfer to whit 5:47 PM, is a dead giveawayof the shadow boxing going on between DoS and DoJ. Since DoJ is lead by POTUS pasand PB and the DoS moves are played by Secy. Kerry pasand Nisha DB, IMHO, there is some misunderstanding between president Obama and Secy. Kerry. It could be that PB's office waited till 5 or 5:30 for the response from DoS UN office and left for the day. DoS people waited another 15 minutes to make sure that DoJ people haven't gone out to the corner deli and signed off on the on the UN transfer accreditation (or whatever the legalese is). DoJ people came in next morning and promptly had both their feet for breakfast and scapegoating themselves for the snafu.

Uni. of Virginia - 1 ; Columbia/Haahvad - 0

Uni. of Virginia is the second best value for money according to some rankings.

[UlanBatori]

Come on! They haven't acted exactly like Einsteins since the beginning of this affair, have they? Why do you think they were so smart as to time these things down to the second? Or, more to the point, that PB and his minions do not go home/to the nbd "bar association" at 3? And that they were just as dimwitted as they were arrogant? Maybe the YY- combo of chaknyan dhotis and Noo Yoik attorney led the Bray of PiBs AND the SD down the path?

Maybe the brilliant Pandoos-e-SD, via the Pakistan Eye Ess Eye and by the brilliant work of the Enn-Ess-Ay and the tapped phones of the Conjulate-e-yindoostan, discovered that DK was booked on AFTERNOON phlight of Havai-Yindoostan??? Would that not have removed all need for haste, hain?

This is a case where true Yindoo Culture saved the din. Inaction is Action. All is Maya!

[ramana]

UB, You are not getting the seriousness of DK arrest. It was Mumbai 26/11 or Kargil redux in diplomatic terms. Hence the language similar to TSP.

Also before BLS it was Travisa. The latter was more bureaucratic than IFS babus (all forms in duplicate and extra charges for making copies etc) but still delivered.

[Amber G.]

Interesting news... while a ex-chief minister (or a PM candidate) have trouble getting a US Visa..
US is reforming its immigration rules...

Obama easing immigration rule for terrorist supporters

[amit]

I still say that it is a rogue operation in the SD to extort $$M from foreigners, and that COTUSppl should be sensitized, to do any good.

+100

I think the contours of the whole case are slowly coming to light. FWIW here's how I think the entire shoddy episode played out.

SR contacts or gets contacted by various shady groups (that Pakistani doorman, the Paki lady we heard about and perhaps that guy who was spotted with the Safe Haven lawyer?) who turn her with green card + $$$$ seed money lure. She runs away leaving the kids to fend of themselves and first point of contact was Access International via her "interlocutors". I think the first meeting between DK and SR at the Access International offices spooked the lawyer(s). Do note that media reports said that they called to police to "escort out SR from the office" and not DK and the Indian Consulate guys who were with her.

Anyway AI dropped the case and the interlocutors then got SR in touch with Safe Haven which specialises in trafficking cases. The Safe Haven lawyer is on record saying that after hearing out SR she contacted US babudom with the trafficking charge. I think lower level Paki pasand SD type got in touch with Nanny Powell the ex-Viceroy of Pakiland with the trafficking angle. And the Naya Dilli Embassy enthusiastically supported the charge and got the T2 and T3 visas for the family and spirited them away.

PB was brought into the picture and he started with the trafficking premise, just recall his press conference after DK's arrest and custodial rape. I think around this time there was a WTF tubelight moment in SD about the implications of slapping a human trafficking charge on DK, considering the fact that SR was on an official Indian passport and her ticket had been paid by the GoI. I guess Bray of Pigs got a phone call telling him that hell would break loose if the trafficking charge was put in the indictment.

With that central trafficking meme gone Bray of Pigs has been doing a downhill skiing ever since and hence so many holes in his briefs. Do note that as far as I know an alleged visa fraud and payment dispute does not warrant a criminal charge strip and cavity search and a $250,000 dollar bail. Heck as pointed that police officer who was charged with rape during official duty was give a $20,000 bail.

Me thinks DoS and DoJ have been jacked big time by Safe Haven and its smart Alec lawyers.

[UlanBatori]

Well.. if their musharrafs feel enough heat, SD and DOJ will take good care of Access I and Safe-e-Houristan. Permanently. But i think this was just the latest case where AccI, SH, and the rogue SD/DOJ gang were all in together. This is why I say that there needs to be a COTUS investigation, leading to a major broom-wielding. If the broom starts swinging, of course, the rats will all start eating each other, as the villain in "SkyFall" said to Jamil bin Bonda

[Amber G.]

Come on! They haven't acted exactly like Einsteins ..
This is a case where true Yindoo Culture saved the din. Inaction is Action. All is Maya!

No they have not acted like Einsteins..

I also can't help but to think there was lot of good luck..coincidences and what one exbrfite said "could not have happened even if we prayed to all the djhinns..

Think about it:

5:47 PM on January 8, 2014 to approximately 8:30 PM on January 9, 2014

-- (Leaving on January 9 2014 .. No one can say one was jumping bail, but it makes the case of immunity -- against PB's argument that she is not in US)

-- Happens to discover the UN credentials at the time of arrest and up-to December 31..

-- The Facebook posts surface....

--The evacuation dates of Drunk Driver and the gang .. Just 2 days before the arrest

--Arrest of DK, (high profile made PB the bad guy), then horrendous mistreatment..
--Clear proofs about the fraudulent charges - Easy for any sane person to see
-- Much more..
-- AES
Looks like USA is amateurish and unprofessional.. (What they thought that the was a simple legal proceedings became a headache ..good fortune of GOI among other things..

[amit]

Well.. if their musharrafs feel enough heat, SD and DOJ will take good care of Access I and Safe-e-Houristan. Permanently. But i think this was just the latest case where AccI, SH, and the rogue SD/DOJ gang were all in together. This is why I say that there needs to be a COTUS investigation, leading to a major broom-wielding. If the broom starts swinging, of course, the rats will all start eating each other, as the villain in "SkyFall" said to Jamil bin Bonda

Both Prabhu Dayal's maid and that other maid, Shanti Gurung, were turned in a very similar manner by the AccI and SH types. I think this time they got greedy and added the human trafficking part. Didn't expect the submissive GoI to react in the manner it did and was hoping that there would be a lot of sympathy for the alleged "underdog" SR against DK, seen as rich and (probably in untrained Amir Khan eyes) "high caste".

Note Bray of Pigs lament that of no sympathy of SR and SH's constant refrain that SR is the victim and not DK.

May type intellects and culture sensitivity seems to be the norm and not the exception. Amir Khan inherited the empire from the Brits but not the culture sensitivity that the Brits had/have.

[amit]

Come on! They haven't acted exactly like Einsteins ..
This is a case where true Yindoo Culture saved the din. Inaction is Action. All is Maya!

No they have not acted like Einsteins..

I also can't help but to think there was lot of good luck..coincidences and what one exbrfite said "could not have happened even if we prayed to all the djhinns..

Think about it:

5:47 PM on January 8, 2014 to approximately 8:30 PM on January 9, 2014

-- (Leaving on January 9 2014 .. No one can say one was jumping bail, but it makes the case of immunity -- against PB's argument that she is not in US)

-- Happens to discover the UN credentials at the time of arrest and up-to December 31..

-- The Facebook posts surface....

--The evacuation dates of Drunk Driver and the gang .. Just 2 days before the arrest

--Arrest of DK, (high profile made PB the bad guy), then horrendous mistreatment..
--Clear proofs about the fraudulent charges - Easy for any sane person to see
-- Much more..
-- AES
Looks like USA is amateurish and unprofessional.. (What they thought that the was a simple legal proceedings became a headache ..good fortune of GOI among other things..

I tell you DK and SR are Raaaa agints out to discredit good and honest Gi Joes and Uncle Toms! As the Pakis would say only evil, cowardly SDRE Hindoo Banias could think up such devious ploys.

[UlanBatori]

RAA Agints it is! All too convenient, hain? DUI for Richard (to make him "unemployed", ready to be e-vacuated, and providing cover for SR to request the INR30K deal to be given in India. ). The penetration of the T-visa railroad. The "remembering" of the Yoo Enn immyoonity...to throw off the SD's Legal Eagle Kerr... the elaborate AI rejervashun, with media announcement and all. Penetrated the Khalistanis. The Mays. Dapthar-e-Zeya.

[Amber G.]

Amit et al

Before I put the post, let me be clear that I am not giving a free pass to any one. IOW if I say it is X's fault, it does not mean that Y is fault-free. So take this FWIW...as following is just my (educated) guess, conjuncture..

I believe the whole DK affair is not some big plan originated from higher ups (eg BO, MMS, JK etc) but some ill-planned hoax by low lives gone terribly wrong for its planners.

The main villain IMO is DSS branch. Note that May (WM) is not some small fry but was head of the security at New Delhi embassy. From what I know, SD people (not even the Ambassador) do not want to mess with DSS guys as these guys are the one who are supposed to watch their back.

It is the DSS guys who filed the complaint, who are responsible more than anyone else. Of course others joined in. There was lot of confusion in the beginning.. and this explains it. PB's office did not know the details (that is what they say now) till almost the a few days before the arrest.

No one was talking from a script or consulting their talking points... while JK was expressing "regret", PB was giving his press conference contradicting JK.. The SD's briefing around that time, no wonder was a rambling..

Heck, none of JK's guys were heading DSS.. ( Predict that there are going to be changes in top personal in DSS).

Just my thoughts..

[Amber G.]

Both Prabhu Dayal's maid and that other maid, Shanti Gurung, were turned in a very similar manner by the AccI and SH types. I think this time they got greedy and added the human trafficking part. Didn't expect the submissive GoI to react in the manner it did and was hoping that there would be a lot of sympathy for the alleged "underdog" SR against DK, seen as rich and (probably in untrained Amir Khan eyes) "high caste".

Note Bray of Pigs lament that of no sympathy of SR and SH's constant refrain that SR is the victim and not DK.

May type intellects and culture sensitivity seems to be the norm and not the exception. Amir Khan inherited the empire from the Brits but not the culture sensitivity that the Brits had/have.

I Think there was one VERY significant difference. PD and SG's case was NOT criminal, it was civil.
(The case was not PD vs USA but simply PD vs the maid)

Big difference.

DK's case, was criminal and the it was DK vs USA.. There was arrest, mistreatment.. etc..

BTW, the civil case if SR brings it in (and I am not saying that she will bring it in or win it), DK does not have, (at least in VCCR) immunity and the case can go on even if DK is not present in USA. (see note below)

Criminal case, OTOH, even if is not dismissed, is sort of academic if DK does not return to US as it can not proceed while DK is not in US.

Note**

Article 43 - Immunity from jurisdiction

1. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions.

2. The provisions of paragraph I of this Article shall not, however, apply in respect of a civil action either:

(a) arising out of a contract concluded by a consular officer or a consular employee in which he did not contract expressly or implicitly as an agent of the sending State ; or

(b) by a third party for damage arising from an accident in the receiving State ...<snip> .

http://legal.un.org/ilc/texts/instrumen ... 2_1963.pdf

[sivab]

The timing of accrediting the UN transfer to whit 5:47 PM, is a dead giveawayof the shadow boxing going on between DoS and DoJ.

5:47 PM on January 8, 2014 to approximately 8:30 PM on January 9, 2014

The 5:47pm on Jan 8 was neither related to shadow boxing nor a lucky break. It was widely reported by MSM at that time JK will discuss the issue with BO on Jan 8 evening. Here is one report about JK and BO mtg on Jan 8.

http://www.americanbazaaronline.com/201 ... ite-house/

January 08, 2014

President Barack Obama is likely be briefed on the Devyani Khobragade issue by Secretary of State John Kerry when the duo meet each other at the White House later today; their first meeting after the holiday vacations.

Kerry and the President are scheduled to meet later today, at 4:20 PM.

The mtg cleared DK immunity which was given the same day.

[Skanda]

There are a couple of posters who have taken over this thread. Keeping up with this thread just implies going to the next page these days.

[Ardeshir]

http://timesofindia.indiatimes.com/indi ... 131975.cms

NEW DELHI: India and the US still seem locked in a battle for righteousness over the Khobragade issue as the strategic partners pick up the pieces after the bitter standoff, bringing the bilateral engagement back on track by scheduling the energy dialogue next month.

With the US authorities refusing to withdraw visa fraud charges against diplomat Devyani Khobragade, Indian authorities are proceeding with the pursuit of tax issues related to American School employment contracts and are also closely following contracts entered into by US diplomats here with their domestic helps.

Apologies if already posted.

[member_27845]

http://www.straitstimes.com/breaking-ne ... a-20140210

he US trade representative on Monday will announce a trade enforcement action tied to India, his office said, a move that could further rile relations after an incident last year involving the arrest and strip-search of an Indian consul.

US Trade Representative Michael Froman will discuss the action at a news conference at 2pm(1900 GMT), his office said on Sunday night. The Office of the US Trade Representative (USTR) said it could offer no additional details.

On Friday, the US Chamber of Commerce called on Washington to ratchet up pressure on India over intellectual property rights, a move that could help prevent Indian companies from producing cheap generic versions of medicines still under patent protection.

Also this week, the US International Trade Commission has a hearing scheduled for Wednesday and Thursday to look into Indian trade and investment practices.

[chetak]

JNU to diplomatic rescue--- Sighs of relief as Devyani’s husband lands India job

Washington, Feb. 9: The diplomatic equivalent of a ticking time bomb has been defused in the Devyani Khobragade case with Jawaharlal Nehru University (JNU) stepping in to reunite her divided family by offering the diplomat’s husband, Aakash Singh Rathore, a job in New Delhi.

For the ministry of external affairs, the offer from JNU is a godsend. South Block has been squirming since Khobragade’s controversial departure from New York in early January because it has condoned protecting three American citizens for almost a month.

In New York, India’s permanent mission to the UN has been in a state of extreme discomfort since Khobragade’s departure because it has been sheltering these US citizens under its roof.

Khobragade’s husband is American, born in New York, and teaches at the University of Pennsylvania. He stayed with his diplomat wife on the mission premises in New York and commuted to his job in Philadelphia, about an hour’s train journey.

Inexplicably, some say undiplomatically, Khobragade chose US nationality for her two children, which was possible because of Rathore. Clearly, the couple did not want their children to grow up as Indians although their mother represented India on the international stage.

These American children, along with Rathore, have continued to stay at the permanent mission to the UN even after Khobragade left for New Delhi to escape the clutches of legal action over her maid’s complaint about salary and other employment problems.

The Indian mission to the UN is a skyscraper in Manhattan’s Turtle Bay, a stone’s throw from the world body’s headquarters. It houses almost all diplomats accredited to the mission and some senior staff of India’s consulate-general in New York. It also accommodates on four floors all the sensitive offices that deal with India’s work in the UN.

Indian establishments abroad are habitually and conventionally lax in security unlike US, Russian or Chinese diplomatic representations where a clear demarcation exists between classified or restricted areas and open sections.

In the US embassy in New Delhi, for example, even the two halves of the outer chamber of the ambassador’s office are designated as classified and non-classified.

For the last one month, the presence of Rathore and his children created an untenable situation where three unsupervised and unaccompanied US citizens had unfettered access to the entire mission building.

What Khobragade left behind in the wake of her hurried departure from New York was a situation that had no precedent in the annals of Indian diplomacy.

The ministry of external affairs has been squirming over its predicament because if it had asked Rathore and his children to vacate their flat in the mission, it was feared that Khobragade’s garrulous and activist father would have kicked up a fuss in public.

Even though Rathore is employed and in a position to support himself and his children, there would have been criticism over their “eviction” in view of the large reservoir of public sympathy for the diplomat who was mistreated by the Americans with her arrest and a strip-search by US marshals.

South Block feared that any argument that Rathore and the two children had no locus standi to stay in the mission once Khobragade’s posting in New York had ended would have carried little weight with an agitated public.

Their prolonged and unauthorised stay in diplomatic accommodation in New York would have been similar to the unauthorised occupation of bungalows in Lutyens Delhi by politicians who lose elections or cease to be ministers, a practice frowned upon by courts.

But with the offer from JNU, Rathore has told friends and acquaintances that he and the children will leave for India in a fortnight. Their decision has brought relief to South Block as well as mission officials in New York.

With Khobragade reuniting with her children and husband, an emotive aspect of the episode which cast a long shadow over Indo-US relations since December will be removed and help efforts to restore normality in bilateral ties.

Khobragade has repeatedly talked about her emotional difficulties in being away from her children since her transfer to India after securing full diplomatic immunity from the US government.

Sympathy for the divided family has been high within India and has even discomfited the Americans who had to publicly defend the actions against her as part of their jobs.

Rathore is an unusual academic and will stand out from most of his peers at JNU if he takes up his post in New Delhi as expected. He is an oenologist who formally qualified in the subject from France. Oenology is the study of wines.

His tenure at JNU, which has a reputation for radical social and political positions, may raise eyebrows. But since he has previous experience in oenology in India, expectations from his work are high.

Rathore has published a book on Indian wines and has served as an adviser to the Indian Grape Processing Board, which is part of the ministry of food processing industries. At the juncture of his diplomat wife’s arrest, Rathore was already teaching a course on “wine philosophy” in Philadelphia.

[member_22733]

http://www.straitstimes.com/breaking-ne ... a-20140210

And this comes when our Ambassador Jaishankar was walking the fine line trying to mend the relationship while being assertive on what the bottom line really is: Being respectable, equal partners and doing business with each other honorably.

Some of these guys really do live in cuckooland and are busy burning bridges to sanity.

[ashish raval]

Don't effing care what sanctions they put. India was, is and will be self sufficient and money printers and financial frauds will be shown their place in next twenty thirty years. When we will overtake them in terms of GDP they will come with their legs between tail to sell their toys in India. We need to expand our energy self sufficiency and everything will fall in place. Government should spend money on solar power research and come up with killer product that will solve our obsession with crude and imported gas for once and all.

[JE Menon]

no worries about trade enforcement action - that is another channel of engagement, and it will evolve independently of the Khobragade fiasco. No need to tie multiple threads of engagement (unless they choose to do so - ball in their court and all that).

The issue of gross mistreatment of a diplomat for no evident "crime" is the matter at hand. Let's watch how it plays out. So far, I'm not too unhappy with GoI's handling. It is a simple issue. The SD screwed up, not institutionally to start with but rather on a personnel level, combined with low-mid staff of a couple of other agencies. It was a simple matter for them to resolve, dead simple. They didn't care much for it at the time of inception it seems. Now, that train has left - and it is a matter of saving face for SD. I'm sure GoI is fine with that too, but the diplomat must be accorded the rights due, because she represents India, not herself.

Afterwards, SD can think of what they want to do with some of the alleged petty criminals in New Delhi. I think GoI does not really mind. SD can keep them there if they wish. But they probably need to think about human nature a little more... etc. But that's their problem. GoI doesn't really mind I'm sure. We are friends, after all.

[amit]

... because she represents India, not herself.

Spot on JEM. I think this is where PB and others associated with this badly miscalculated. By filling a criminal case they made it a US vs India issue and crossed a red line which supposedly friendly countries don't with one another. More so Amir Khan with 2014 already a difficult year for them in this region.

I doubt if it had been a civil case things world have gone so far. DK would have had to fight the case on her own and probably reach an out of court settlement. Instead we've had Comedy Central played out in international relations between two supposedly "strategic partners" who have 21st century's "one of the defining partnerships". I bet the Russians and Chinese, as well as the French couldn't stop laughing.

Well done Bray of Pigs et al.