Indian Diplomat Devyani Khorbagade was transferred by the Indian Government from Indian Consulate to Permanent Mission in UN where she gets Diplomatic Immunity not to be subjected to criminal jurisdiction in US.
But the State Department's Spokesperson Jen Psaki says "When immunity is conferred, it does not retroactively take effect at a previous point in time but relates solely to the diplomat's current status."
Jen Psaki adds, “I think some of the confusion here has been if there is a change in status, does that mean that there is a clean slate from past charges. There's not. For anyone, it would apply for the length of time that they have that diplomatic status.”
She insists, “Receiving diplomatic immunity does not nullify any previously existing criminal charges. Those remain on the books. Nor does obtaining diplomatic immunity protect the diplomat from prosecution indefinitely. It relates to the status of a diplomat's current status for the length of the time of that status.”
It means that the US Authorities are keen in punishing Devyani Khorbagade in spite of the serious attempts by the Indian Government to rescue her.
The problem with the law enforcement in any country unfortunately is once a case is registered and the accused is subjected to humiliation, normally the case is taken forward. We have yet to see a law enforcing officer to say ‘sorry, it is our mistake’ and show readiness to compensate for the damages made!
Accepting it as a mistake attracts damage suit and the credibility of the law enforcing authorities will be at stake as what they fear.
Devyani Khorbagade was arrested on December 12 on the charges of Visa fraud paying less remuneration to the domestic help Sangita Richard than supposed to as per the minimum wages prescribed by the US Labor Department.
She was later released on bail on furnishing cash security of $250,000 and handing over her passport. The charges leveled on her will attract an imprisonment to a maximum period of 15 years if she gets convicted.