Tensions swell as India expels US diplomat

India reacts after Indian diplomat told to leave the US following court indictment in visa fraud case

The government on Friday expelled an American diplomat of a rank similar to Devyani Khobragade, our diplomat in the US who has been charged with an offence there, on a “reciprocal basis”, even as she was withdrawn from the Indian embassy in Washington at the behest of the US government, allowing her to return to India.

Khobragade, who arrived here late on Friday evening, was sent back to India on a G-1 diplomatic US visa. However, this was certainly not an end to the month-long drama which began on December 12 last year with her arrest on charges of visa fraud and allegedly making false statements about the salary of her housekeeper, Sangeeta Richard, who accompanied her to New York on November 2012.

Foreign service officials here are not satisfied with the fact that charges on her in the US remain. The retaliatory steps taken by the government here against US embassy staff, such as removal of traffic barriers outside the embassy building and withdrawal of special privileges from consular staff here, continue.

Apparently, the government has asked the US Embassy to withdraw the Director-rank diplomat within the next couple of days, since he was involved in Khobragade case. “We have reasons to believe that the (US Embassy) officer was closely involved in the processes relating to the case under consideration and subsequent unilateral action by the US," sources said, while not disclosing the name.

It is believed this US diplomat was involved in assisting Richard’s family to leave for the US. When asked, the US embassy also refused to provide the name and designation.

Khobragade was asked by the US government to leave the country after she was indicted by a court on charges of visa fraud and giving an incorrect statement. A grand jury maintained the charges against her would remain.

It is believed she was offered a “bargain” by the US State Department. Khobragade was asked to pay a certain amount of fine to the US authorities and give compensation to Richard, tantamount to her accepting guilt. She refused and chose to be sent back to the ministry of external affairs (MEA) headquarters here.

This was reiterated by Khobragade’s father, Uttam Khobragade, a retired IAS officer, here on Friday. “Devyani left US soil today with full diplomatic immunity, vindicating the stand that whatever dispute is being raised in the US is a prerogative of the sovereign country, India, and can only be adjudicated in Indian courts," he said.

The US officially recognised her diplomatic status. It is learnt on January 8 when Khobragade was granted a G-1 visa to return to India, the US had simultaneously asked the Indian government to waive her diplomatic immunity to proceed with the case, which the government here refused to do, a day after.

As a result, Khobragade can always travel to the US without facing any arrest as long as she goes in a professional capacity. She can face arrest if she goes to the US on a personal visit, as an individual.

Meanwhile, the case will continue to be negotiated between Khobragade’s lawyer, Daniel Arshack, and US Attorney Preet Bharara.

“This is certainly not a neat compromise. The US has not dropped charges against her. It is only a partial compromise the US has agreed to. Why the decision to be indict her as she was already accredited? There's no apology from the US, there's no regret; they have only regretted the incident, they are still threatening to arrest her,” said former foreign secretary Kanwal Sibal.

The Bharatiya Janata Party’s deputy leader in the Rajya Sabha, Ravi Shankar Prasad, told reporters herethe government handled the entire issue very "inappropriately" and accused it of a “disastrous” foreign policy.    

It is understood the government tried various legal options to close the matter, beside “retrospective immunity.” But the US government refused to pay heed and decided to go forward with the January 13 deadline for her indictment.

Meantime, the retaliatory steps taken by the government of banning all commercial activities within the US embassy premises, a freeze on duty-free liquor import, removal of traffic barriers, withdrawal of identity cards of US consular staff and suspension of airport passes will continue to be in place for now.

Undoubtedly, the matter will result in further straining of India-US business relationships. The India-US Energy Dialogue, supposed to take place here around this time, has been cancelled.

“These are not very pleasant developments. I do not see any reduction in the tensions. We do not know what is happening behind the scenes. Business should be continued. Both sides are flexing their muscles unnecessarily,” said Indo-American Chamber of Commerce president Lalit Bhasin.

India had previously expelled an American diplomat - George Griffin – in 1981. He was a political counsellor, involved in a similar case for action taken by the US against Indian diplomat Prabhakar Menon.