NEW YORK: Indian diplomat Devyani Khobragade won dismissal of the indictment against her for visa fraud, with a U.S. judge ruling she had full diplomatic immunity although prosecutors are not barred from bringing new charges in future.
District Judge Shira Scheindlin said in her 14-page order that “it is undisputed” that Khobragade acquired full diplomatic immunity at 5:47 p.m. on January 8 after the U.S. State Department approved her accreditation as a counselor to India’s mission to the United Nations.
While the indictment was returned on January 9, Khobragade had the immunity till she departed from the U.S. for India on the evening of January 9 and so the prosecutors cannot proceed with the current indictment.
14-page order
“Ms. Khobragade’s motion to dismiss the indictment on the ground of diplomatic immunity is granted. Ms. Khobragade’s conditions of bail are terminated, and her bond is exonerated. It is ordered that any open arrest warrants based on this indictment must be vacated,” Scheindlin said in her 14-page order, capping months of unprecedented diplomatic tensions between the U.S. and India.
“On January 9, immediately following the return of the indictment, Ms. Khobragade appeared before the court through counsel and moved to dismiss the case. Because the court lacked jurisdiction over her at that time, and at the time the indictment was returned, the motion must be granted,” the judge said ordering that the motion and the case be closed.
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