The Telegraph
Thursday , January 16 , 2014
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Devyani moves New York court

New York, Jan. 15 (PTI): Devyani Khobragade has asked a court here to dismiss the indictment against her and terminate any “open” arrest warrants in a visa fraud case, arguing that she was “cloaked” in diplomatic immunity and cannot face criminal prosecution in the US.

Devyani’s lawyer Daniel Arshack yesterday filed a memorandum of law on her behalf in the Southern District of New York in support of the motion to dismiss the case and terminate any future legal action against her.

“Dr Khobragade now formally moves this court to dismiss the instant proceeding, to rescind the conditions of her release, and eliminate her bail conditions as she is immune from criminal prosecution in the United States as she was obligated, by the United States government, to leave the jurisdiction,” Arshack said.

He is seeking a court order to dismiss the indictment and proceedings against the diplomat, terminate any and all conditions of bail imposed by the court during Devyani’s initial appearance on December 12 and exonerate any bail or bond posted on her behalf.

The motion is also seeking termination of any “open arrest warrants’ against Devyani or “requests for extradition” with regard to the case as “they too are nullities since the instant proceeding is subject to dismissal.”

“I make this affirmation in support of Khobragade’s motion to dismiss the instant proceeding as a nullity because both at the time of her arrest, as well as at the time of her subsequent indictment, defendant was cloaked in diplomatic immunity and has absolute immunity from any criminal prosecution in the United States,” he said.

Arshack is seeking a ruling on the order by Judge Shira Scheindlin on or before January 31.