US Says It Will Proceed With Prosecution Against Devyani

NEW YORK – TheUS plans to go ahead withthe criminal charge againstdiplomat Devyani Khobragadeeven if, and when, she acquiresfull diplomatic immunity.“We have no intentionof dropping the case,” saida US government source oncondition of anonymity, addingit will only be frozen, not killed,by her immunity status.The government is alsolikely to not make much of the$4,500 cited as her housekeeperSangeeta Richard’s salary in hervisa application last November.That’s a “red-herring thatshould not detract” from thecase, which, it was argued, wasmainly the diplomat’s failure topay the housekeeper $9.75 anhour as promised.But the governmentwas prepared to back up, forargument’s sake, the $4,500question saying it was notoutside her means given herIndian assets — 11 properties.But that’s just forargument’s sake, as said before.Manhattan US attorney’soffice has until January 12 tobring an indictment againstKhobragade — it has to be donewithin 30 days of arrest, andthat process is currently underway.But her transfer to theUN, which will bring her fulldiplomatic immunity, willprotect her from prosecutionor arrest, or even additionalcharges.It will also freeze the casefor the duration of her UNtenure as she cannot be forcedto appear in court, and “cannotbe tried in absentia under USlaws,” the source added.Under the protection ofUN immunity, she can leavefor India or any other countryand escape being tried, but onlytemporarily. She will be triedwhenever she returns.The charges — of visafraud and making falsestatement– are not beingdropped or withdrawn, sourcesemphasized. they will merely besuspended from he day she getsthe immunity. The US statedepartment, which isprocessing Khobragade’sUN papers for immunity,on Monday couldn’t givea timeframe for when itexpected to complete it.It can take up to two orthree weeks, according todiplomatic sources.When it comes through,Khobragade’s lawyer DanArshack has argued, it canmake the US court dealingwith the case dismiss itciting his client’s immunitystatus.US government sourcescountered that the defendant can certainlyask the court to dismiss the case, butprosecutors may challenge it and argue forthe case to be kept open.Doors would remain open, it is beingsuggested, in the meantime, for a plea deal,which is a part of the US penal system,affording defendants lighter punishment.“There is room for flexibility in thesystem,” another source said, adding, “it’snot uncommon for first time visa-fraudoffenders to get away without a jail term.”Khobragade faces a maximum of15 years in jail if convicted on those twocharges. But that’s only the maximum, notthe minimum or standard sentence forsuch offenses.