Know 11 Facts about Arrest of Indian Consul Devyani Kobragade the other side

Know 11 Facts about Arrest of Indian Consul Devyani Kobragade the other side

1-
Devyani Kobragade  is IFS officer from 1999 batch 
Devyani Kobragade is 39 years old
Currently she is posted as Deputy Consul General for Political, Economic, Commercial and Women's Affairs

After the arrest now Bharatiya Janata Party (BJP) leader Yashwant Sinha came down heavily against the homosexuals partners of the US diplomats living in India calling it a "clear violation of diplomatic code of conduct" and arrest them

State Department spokesperson Marie Harf told to media that US State Department had as early as September alerted the Indian embassy in writing that there were allegations against Khobragade concerning underpayment of minimum wages and action could be imminent under US laws.

2-

The Manhattan US Attorney of Indian origin Preet Barara who has ordered the arrest of Devyani terms the charges as very serious.
Talking to the media he said, "This type of fraud on the USA and exploitation of an individual will not be tolerated."
she was arrested by New York Police
According to him she has been charged with one count each of visa fraud and making false statements. Devyani is now out on bail.

She was arrested from outside the school her daughter attended in Manhattan on December 12, but was released by US Magistrate Judge Debra Freeman the same afternoon on a $250,000 personal recognizance bond co-signed by three people.

The arrest was announced December 12 by the United States Attorney for the Southern District of New York, Preet Bharara.

She has to surrender all her travel documents, the court order directed the diplomat during the bail hearing.

Her travel is restricted to within the US, and she has to notify the authorities if she travels outside the state of New York.

She is not allowed to sponsor any visas and should not have any contact, directly or indirectly through others, with the domestic worker or her immediate family.

3-
U.S. Attorney Preet Bharara told to media that in order for diplomats and consular officers to get a visa for their personal employees, known as an A-3 visa, they must show proof that the applicant will receive a fair wage, comparable to employment in the U.S.

If convicted, Khobragade faces a maximum sentence of 10 years for visa fraud and five years for making a false declaration.

As per the US laws, submitting false papers is a very serious crime and the offender faces up to 15 years behind bars.

4-
Devyani had hired the nanny in 2012 and she was working as a babysitter and domestic help at her house in the upscale Manhattan area of New York till last June.

5-
The US authorities accused her of helping the Indian nanny in submitting fake documents to the US State Department saying that she was paying $4,500 per month, when in reality, the nanny or the domestic help got only $573 a month.

6-
She is accused of telling the woman to lie on her visa application to get to the United States and say she was going to be paid the higher amount.
Then, Khobragade allegedly had the woman sign a second, under-the-radar contract that noted the nanny's monthly salary including overtime - the much smaller amount.
The nanny and her husband, who were not named, are serving as witnesses in the case.

7-
A US State Department spokesman told to media that Our Diplomatic Security folks followed our standard procedures, which I'm assuming are standard for diplomats because that's who our Diplomatic Security deals with,"

8-
US State department told to media that
Under the Vienna Convention on Consular Relations, the Indian Deputy Consul General enjoys immunity from the jurisdiction of US courts only with respect to acts performed in the exercise of consular functions.
"There are different kinds of immunity.
This isn't just in the US; it's all around the world.
So in this case, she fell under that specific kind of immunity, and would be liable to arrest pending trial pursuant a felony arrest warrant,"

9-
In US laws are excellent they give protection to weak sections of society even outsiders who are not citizens of USA

10-
It is very simple rule in US if you cannot afford to pay salary to servants then do not hire servants do your own work
Each job is respected not like in India where the home servants, company servants are exploited by everyone and common citizens have no way out as where ever he or she goes the rule is simple exploitation by bosses in majority cases, and problem is that many Indians do not see it as exploitation as they feel happy that he or she got the job to feed stomach 

11-
In this case media is not focusing on documentary evidence

Does the nanny was paid less salary?

Does she lied because of pressure?

If one cannot afford the servants then why they are not paid for servants in US

In India does IAS officers enjoy the services of servants if yes how much salary they get paid?

When you are in Rome be Roman

When you are in US be American and follow the laws like honest citizens not like India

In this case we should not discuss about racism as there is no racism

The lawyer found the crime and he did his duty and followed standard American procedures nothing else

In India laws implementation keeps changing as per the money power, political power, or gunda power of an accused person

But in US situation is different they got equality of laws.

The US has one set of laws. Just because one happens to be a high ranking consular official, he or she is not supposed to get special treatment,"

Example –

Few years ago on corruption charges former Illinois governor Rod R Blagojevich was arrested
And was taken away by law enforcement officials in handcuffs."
"They did not make an exception because he was the governor,"


Reality views by sm –

Tuesday, December 17, 2013

Tags - Visa Fraud Case