Bharat Rakshak

Notwithstanding Secretary of State John Kerry expressing regret, India today 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.

Fifth, as has been reported, the victim’s family has been brought to the United States. As also has been reported, legal process was started in India against the victim, attempting to silence her, and attempts were made to compel her to return to India. Further, the Victim’s family reportedly was confronted in numerous ways regarding this case. Speculation about why the family was brought here has been rampant and incorrect. Some focus should perhaps be put on why it was necessary to evacuate the family and what actions were taken in India vis-à-vis them. This Office and the Justice Department are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending.

rohitvats wrote:Basically, US Department of Justice considered US laws as having superiority over Indian ones in relation to INDIAN NATIONAL. They consider their sense of morality as superior to Indian laws and judicial system - US authorities and personnel are in active and willful contravention of Indian laws. The GOI needs to raise this issue and stick it into the Americans.

$2,000 from 1 Safe Horizons employee (33.3%) to John Kerry

pankajs wrote:A diplomat for a diplomat, standard procedure for standard procedure and diplomatic courtesy for diplomatic courtesy will do wonlee ..

Apology or no apology .. We shouldn't do less for a friendly country .. and oh we should have the media while handcuffing to record that the correct procedure as laid down by the US Government and approved by the US supreme courts has been followed precisely.

NEW DELHI: Diplomatic tit-for-tat is as familiar a concept in international relations as diplomatic immunity. While diplomatic immunity is written into the Vienna Conventions that cover most modern diplomatic and consular practices, privileges extended to diplomats are often based on reciprocity between countries, though they often weigh heavily in favour of the richer countries of the Global North.

One of the best known spats was that between Brazil and the US. When in 2003, the US started photographing and fingerprinting those requiring visas to enter the US, a judge in Brazil ruled that US citizens coming to Brazil ought to be given the same treatment. Americans alone were often detained at airports in Brazil for hours to get fingerprinted and photographed.

Washington protested saying while the US did it to people from all over, Brazil was targeting only Americans. Brazil responded by pointing out that people from 27 countries were exempted from fingerprinting and photographing in the US and Brazil believed it ought to be on that list. The tit-for-tat fingerprinting was dropped quietly later. However, Brazilian visa charges remain the highest for Americans, commensurate with what the US charges Brazilians.

While there are fewer spats of these kinds between OECD countries which often form a cosy club of mutual visa exemptions and fewer security restrictions, it is often emerging economies like Brazil, India, China or South Africa which have reacted sharply.

The spats have been numerous and sharp between developing countries too. That is not to say that tit-for-tat diplomacy is not used by the developed world, especially against developing countries. The US in particular is well known for its tit-for-tat diplomacy.

In April 2011, the US ordered the expulsion of Ecuador's ambassador to Washington in a tit-for-tat move after the US envoy to Quito was told to leave over leaked diplomatic cables, part of the Wikileak cables. Russia banned Americans from adopting its orphans at the beginning of 2013. The move was said to be in retaliation for legislation before Congress to ban Russian officials accused of human rights abuses from travelling to the US.

According to the New York Times, in the 1980s, the US had forced Mexican diplomats to use only Mexican-made economy cars, not the big American limousines that most foreign diplomats in Washington used. This was in retaliation for US diplomats in Mexico being allowed to own and operate only automobiles manufactured in Mexico. When Mexico protested saying it was not reciprocity, the US countered that their aim in retaliating was to eliminate restrictions on their foreign missions.

More recently, in March 2012, South Africa decided to deport 125 Nigerians because they allegedly possessed fake yellow fever inoculation certificates. Within a few days, Nigeria retaliated by deporting 131 South Africans supposedly travelling with fake documents.

In 2009, Britain revoked South Africa's visa-free status and in 2013 it was charging South Africans £80 for a visa. And South Africa threatened to charge visiting Britons a similar hefty visa fee, though it could ill-afford to discourage British tourists considering the fact that Britain is South Africa's largest overseas tourism market, with over 438,000 British visitors last year.

Closer home, the most familiar tit-for-tat diplomacy is visa denial to each other's citizens or mutual expulsion of diplomats most often by India, Pakistan and Bangladesh. Whatever part of the world, tit-for-tat diplomacy seems to be often a relatively harmless way for aggrieved countries to let off steam and salve their injured sense of sovereignty and dignity. It is seen as preventing petty differences from escalating into full blown hostility.

LokeshC wrote:Anyway, my theory of a dirty attorney has come true. There has to be some org like this to organize this kind of movement.

Singha wrote:

TSJones wrote:Just wait until Modi is PM. Things will really get interesting then. We may wind up with a relationship like we have with Venezuela. That is to say none.

one hopes that day comes soon atleast in US-Russia or US-venezuela relations there is no hypocrisy.

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NEW DELHI: Indian sailor Captain Sunil James, who had been jailed in Togo in July, has been released and is expected to reach India by Friday, sources in the external affairs ministry said on Thursday.

India was in touch with Togo authorities to secure on compassionate ground the release of the sailor whose family wanted him to conduct the last rites of his 11-month-old son Vivaan.

Indian officials from Accra had met the sailor recently and had been pursuing the case of his release with the authorities there.

James has been released along with another sailor Vijayan, the sources said, adding he is expected to return home by tomorrow.

chaanakya wrote:It there any link between arrest of US crew of a Boat carrying Arms in Indian waters off the coast of TN and this DK episode. Today Crew have been denied bail by Madras High Court and it includes US citizens.

Singha wrote:such a T-1 visa should immediately be a red flag and lead to questions. its a very unusual visa. if they really wanted to keep tabs on the family why did not put out a immigration notice or impound their passports until the maid was located with US help?

SSridhar wrote:

chaanakya wrote:It there any link between arrest of US crew of a Boat carrying Arms in Indian waters off the coast of TN and this DK episode. Today Crew have been denied bail by Madras High Court and it includes US citizens.

There was no US citizen on board that ship. However the ship belongs to a US registered company that claims to provide armed escort service to ships on high seas.

Court documents allege that she stated on the application that she was paying the nanny the minimum wage in New York -- $9.75 per hour, when she was really only paying her what worked out to be about $3.31 per hour.

habal wrote:Uttam Khobragade mentions that he had called DCP Jaiswal of Delhi Police many times (exact word was 100s of times) to arrest Richard before he could make an escape, but the DCP didn't relent. Someone above was blocking the same.

In an official press response, the Embassy of India reveals interactions with the US counterparts and traces the timeline of events in Sangeeta Richard's employment case since June 2013 which led to the Devyani Khobragade row. Here's the official statement:

The Embassy of India, Washington DC and the Ministry of External Affairs in New Delhi have been taking up the matter of Dr. Devyani Khobragade's domestic assistant Ms. Sangeeta Richard from June 2013 with the US State Department and the US Embassy in New Delhi.

The Embassy of India received the State Department's letter dated September 4, 2013, which requested the Embassy to enquire in to the allegations brought in by Ms. Richard disputing her terms of employment with Dr. Khobragade and seeking the findings of the Embassy. In response, the Indian side both in New Delhi and in Washington DC reiterated the requests pending with the US side in this regard since June 2013 including the following:

- assistance in tracing Dr. Khobragade's domestic assistant Ms. Sangeeta Richard, an Indian citizen who entered the US with an Official Passport of the Government of India, who was found missing on June 23, 2013. This was reported immediately to the Office of the Foreign Missions in New York and NYPD.

- action against blackmailing by Ms. Richard demanding that she be permitted to change her passport, visa status and to work elsewhere, which would be in violation of US regulations.

- assistance in repatriating Ms. Richard as her passport was revoked on July 8, 2013 and is since staying in the US illegally.

- arresting of Ms. Richard who has taken cash, mobile phone and documents from the residence of Dr. Khobragade.

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 Ms. 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.

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.

In view of the above, the State Department was requested to assist in locating and repatriating Ms. Richard to India.

On November 19, the Metropolitan Magistrate of South District, New Delhi issued a non-bailable arrest warrant against Ms. Richard. On December 6, the arrest warrant was forwarded to the State Department and to the US Embassy in New Delhi requesting them to instruct the relevant authorities in the US to arrest and repatriate Ms. Richard to India through our Consulate in New York.

No response was received from the US side for any of these communications.

On December 12, 2013, Dr. Khobragade was arrested.

Anujan wrote:2. Not sure if this has to do with any kind of massa retaliation or leverage. Going by the way they are running as headless chickens, the reason is probably elsewhere. EJ angle perhaps? Or maybe aggressive career oriented move by Preet Bharara?

rohitvats wrote: On what basis could have the husband being detained?

SSridhar wrote:

Anujan wrote:2. Not sure if this has to do with any kind of massa retaliation or leverage. Going by the way they are running as headless chickens, the reason is probably elsewhere. EJ angle perhaps? Or maybe aggressive career oriented move by Preet Bharara?

Preet Bharara & Nisha Desai do need to prove themselves to be more American than the blue-blooded Americans, perhaps. I do not know. But, as KC Singh was saying the other day (quoting his very reliable source), the instructions came from much higher than that district attorney. I feel that it was Nisha Desai or even higher.

habal wrote:

rohitvats wrote: On what basis could have the husband being detained?

As per Uttam Khobragade sir, Phiilp Richard was in contact with his wife. His wife had a non-bailable warrant on her. There were phone records that indicated so. So there you go.