Devyani Khobragade case: 'What else if not a conspiracy?'

External Affairs Minister Salman Khurshid made a strong remark on Wednesday that Devyani Khobragade, the incarcerated Deputy Consular General of India in New York, was “trapped in conspiracy”. He did not elaborate. But here is an explanation of what Khurshid may be hinting at. Incidentally, in hindsight it can be said that perhaps Devyani ignored the writing on the wall at her own risk. Perhaps she was too complacent or just casual or too busy despite the fact that her problems with her India Based Domestic Assistant (IBDA) Sangeeta Richard started reaching a feverish pitch from 23 June this year when the maid went missing. Consider the following key facts in the Devyani case: [caption id=“attachment_1297963” align=“alignleft” width=“380”]  Associated Press[/caption] Sangeeta accompanied Devyani to New York in November end in 2012. On 23 June, 2013 the IBDA went missing. A few days before this, Sangeeta had sought Devyani’s permission to take up a part time job outside but was declined. On 24 June, the Office of Foreign Missions (OFM) in New York was informed and asked for help. At its advice, Devyani went to lodge a missing person report at the Police Precinct concerned, but was told that she could not register the complaint since the IBDA was an adult and such a report could only be lodged by a member of her family. Devyani contacted the maid’s husband Philip who told her that he had no idea about his wife’s whereabouts. But strangely, he refused to lodge a missing person report with regard to his wife and refused to cooperate with Devyani or with Indian authorities. Since the police refused to register a missing person report, Devyani sent a letter to the Precinct on 25 June requesting them to file a missing person report and trace her maid. After much further efforts to pursue this, the New York Police Department (NYPD) sought inspection of her residence. As diplomatic premises are out of bounds for local law enforcement agencies, Devyani was interviewed in front of the Permanent Mission of India (her residence). Only after this, was a missing person’s report finally filed by the NYPD. On 8 July, Sangeeta Richard’s passport was revoked by the Indian Consulate and notice for termination of her Personal ID was also given to OFM with effect from 22 June. The IBDA was now staying illegally in the US. On 8 July 2013, Devyani was called to “Access Immigration”, an immigration lawyer’s office, to discuss the terms of settlement with the IBDA. Devyani, accompanied by the Consulate officers, met the IBDA whose demand was for a payment of $ 10,000, grant of an ordinary Indian passport along with whatever immigration relief was required to stay in the US on that ordinary passport. CGI officials conveyed that under no circumstance could she remain in the US without legal authorization and that as per her contract with DCG, she should return to India, after which the matter could be further investigated. She was told that any argument over salary or working hours could be settled in the Consulate before her return to India. The IBDA refused, saying that she wanted to remain in the US. On 6 December 2013, the Indian side forwarded to the American officials in Delhi and in the US the arrest warrant issued by the Delhi Metropolitan court against Sangeeta Richard. India sought directions to the relevant authorities in the US to arrest and repatriate Sangeeta Richard to India through the Consulate in New York so that due process of law may be prosecuted in India. No action was taken in this regard by the US side, official sources said. “What else is this if not conspiracy?” asked a senior official. L’ Affaire Devyani Khobragade seems to be in for the long haul. There are two reasons for this. One, the Indians have been told point blank that contrary to strident demands made from top political and diplomatic levels in India the US government is not going to withdraw the case against Devyani. Two, India has also pulled all stops and taken on the American authorities head on in a language that makes no attempt to hide India’s sense of outrage and indignation. Sample the sharp arguments India has made before Preetinder Singh Bharara (better known as Preet Bharara), the India-born US Attorney for the Southern District of New York: • There is only one victim in this case. That victim is Devyani Khobragade. • No courtesies in the treatment that was meted out to Diplomat. • What right a foreign Government has to “evacuate” Indian citizens from India while cases are pending against them in the legal system? (An obvious reference to the surreptitious manner in which the US managed to get Devyani’s maid Sangeeta Richard’s husband Phillip and her children travel to the US from India just two days before Devyani’s arrest on 12 December.) • Why is the legal process in a friendly and democratic country interfered with in this manner? • One more attempt at post facto rationalization of action which should never have been taken in the first place. (India’s reaction on Bharara’s statement) The writer is a Firstpost columnist and a strategic analyst who tweets @Kishkindha.