In a setback to expectations of a gradual resolution of the diplomatic spat over prosecution of Devyani Khobragade, the US authorities have let it be known that they would press ahead with her indictment for alleged visa fraud in a New York court before the January 13 deadline.
US sources in New York, cited by the PTI, rejected India’s demands for apology and withdrawal of the case. The US side also brushed aside the contention of Khobragade’s attorney that enforcement officials had “goofed up” on details of wages to be paid to the diplomat’s maid, Sangeeta Richards.
In the midst of the renewed negative turn the case was taking from the standpoint of India-US relations, US Ambassador to India Nancy Powell expressed “regret” over the “circumstances” of Khobragade’s arrest.
“I join Secretary Kerry in expressing our regret for the circumstances of the consular officer’s arrest, but we believe that we can look forward to continuing to expand our bilateral relations,” Powell said in a New Year message.
The State Department, too, said it does not want the Khobragade episode to affect bilateral ties. “We don’t want this to negatively impact our relationship, that we work on a broad range of issues together, our bilateral relationship is too important,” Deputy Spokesperson Marie Harf told reporters.
But, curiously enough, the State Department was still sitting tight on according its approval to India’s transfer of Khobragade from the New York consulate to India’s Permanent Mission to the United Nations – a move that would assure her of full diplomatic immunity even as the Office of US Attorney Preet Bharara pushes ahead with her indictment.
It’s about 10 days since the United Nations accredited Khobragade following India’s notification and sent the documents over to the State Department for the requisite host government approval. As of Monday, the department had not yet given its clearance to it.
Responding to a question on this matter, Harf said: “We have received the paperwork from the United Nations. It is currently under review, and I don’t have anything further for you on that except that we’re taking a look at it, and when we have something more, we’re happy to share it.”
Asked about Indian Government’s contention last week that Khobragade anyway had full diplomatic immunity with effect from August 23, 2013 by virtue of being designated as an Adviser to India’s UN mission, Harf said: “Our folks are taking a look at that issue. Still looking into it, don’t have any update on that.”
When confronted with reports from India that the US Embassy was paying Indian staffers much less than American minimum wage provisions, Harf took the stand that the US’s “standard practice” was to “pay folks that work for us in countries around the world in conjunction with local law, with local practice”.
In New York, US sources were quoted by PTI as saying that there was no question of tendering an apology to India over the Khobragade arrest, asserting that the American side was proceeding by the book without any nefarious motive. Notwithstanding the Indian contention, the US sources asserted that Khobragade did not enjoy full diplomatic immunity.
They, however, conceded that if Khobragade gained full immunity in the wake of her transfer to India’s UN mission, the US could not proceed with the case and bring her to court for the period of immunity. The case will not be dismissed, but will remain in a state of suspension during that period.