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 entire lawsuit but an appeals court had last month refused to throw out the lawsuit saying the arguments by them were "without merit."

Biswas's lawsuit had detailed the circumstances that led to her being handcuffed and imprisoned forcibly approximately 28 hours "for nothing. "Biswas was "forced to be processed through the criminal justice system, and spent over 24 hours in jail without being allowed to meet her parents or visited by senior Indian diplomats. All of this occurred, despite her actual innocence as this was a case of mistaken identity."

It states that she was discriminated against and falsely accused of sending offensive e-mails because of her ethnicity.

An investigation after her arrest had found that another student had sent the emails but that student was not arrested or criminally charged, which Batra said is "proof of foul discriminatory disparate treatment" of Biswas "despite her actual innocence."

Citing the India-U.S. relations, particularly in the wake of the upcoming visit of Prime Minister Narendra Modi, Batra said he advised Biswas and her family that a "just resolution" of the case would be an appropriate move to "enhance the bilateral relationship."
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