NEW YORK: A U.S. appeals court has refused to dismiss a lawsuit filed by daughter of an Indian diplomat against New York City and members of the New York Police Department on suspicion of sending obscene emails to her teacher.

A three-judge panel of the U.S. Second Circuit Court ruled that the case filed by Krittika Biswas, who was jailed in 2011 for a day, will not be dismissed since the arguments made by the defendants New York City and members of the police department are "without merit".

The defendants sought to dismiss the lawsuit filed by Biswas on the grounds of "qualified immunity."

Biswas's lawyer Ravi Batra told PTI that the appeals court agreed with his position that not a single defendant enjoyed "qualified immunity" and so were not entitled to get the case dismissed and "leave her without a remedy for the wrongs inflicted upon her by the defendants as claimed in the suit."

Biswas had filed the lawsuit seeking 1.5 million dollars in damages for her wrongful imprisonment and suspension from school. She was detained and arrested in February 2011 on the grounds that she had sent "offensive and sexually threatening" emails to her teachers in Queens's John Browne High School. Biswas is now in India.

The defendants had moved to "dismiss" the lawsuit "in its entirety for failure to state a claim" under federal rules.

A U.S. federal judge had in September last year also refused to dismiss in its entirety the lawsuit, as sought by the city, NYPD and New York City Department of Education. The city had then appealed against the decision.

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Source: PTI