Community
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INDIA IN NEW YORK FEBRUARY 14, 2014
Devyani Khobragade seeks
dismissal of case
she would not be charged with any claim of bail jumping.
Dr Khobragade did not become a ‘former’ diplomat
until that evening at approximately 8:30 pm when her
airplane departed American airspace, her lawyer
noted.
‘Here, the sequence of events to be examined for resolution of the motion is critical,’ Arshack said. ‘The
question is not whether the prosecution may bring a
case against Khobragade now that she is a “former”
diplomat: It can. But, it cannot do so based upon an
indictment that was obtained while she was an active
diplomat cloaked in immunity, as she was on January
9, 2014.’
‘The immutable fact is that she was a diplomat entitled to immunity from prosecution who did not leave
the United States until approximately 8:30 pm, which
was several hours after the indictment was returned
and filed with the court.’
The defense — which has argued that even pursuant
to her position as deputy consul general, Dr
Khobragade was afforded certain privileges and
immunities under the Vienna Convention ‘in respect
to acts performed in the exercise of consular functions’
—filed an