US sticks to its guns, demands restoration of diplomatic security

December 18, 2013

US_sticks

Washington, Dec 18: Amid rising tensions over the arrest and "barbaric" treatment of an Indian diplomat in New York, the US stuck to its guns saying it acted "appropriately" and demanded restoration of security for its missions in India.

Even as it spoke of a "broad and deep friendship" and an "important relationship" with India, US officials Tuesday expressed no regret, leave aside an "unconditional apology" demanded by India over the arrest and alleged strip search of Devyani Khobragade.

Reacting to a slew of retaliatory measures taken by India in response to the treatment of Khobragade, India's deputy consul general in New York, the State Department spokesperson Marie Harf said "an isolated episode" should not "impact the bilateral relationship."

According to Indian officials, Khobragade, 39, was strip-searched, cavity-searched and swabbed for DNA after her arrest in New York on charges of visa fraud last Thursday, then confined with hardened drug criminals before being released on a $250,000 bail. India's national security adviser Shiv Shankar Menon has called the treatment "despicable and barbaric."

"We understand that this is a sensitive issue for many in India," Harf said. "Accordingly, we are looking into the intake procedures surrounding this arrest to ensure that all appropriate procedures were followed and every opportunity for courtesy was extended."

So far there is nothing to indicate that "anything but appropriate measures were followed" Harf said. "But again, we don't want this to negatively impact our bilateral relationship, and we'll keep talking about it with them on the ground and here," she said.

"The US and India enjoy a broad and deep friendship, and this isolated episode is not in any way indicative of the close and respectful ties that we share and will continue to share," Harf said.

US officials, she said "have conveyed at high levels to the Government of India our expectations that India will continue to fulfill all of its obligations under the Vienna Convention on Diplomatic Relations, and Vienna Convention on Consular Relations."

"Obviously, the safety and security of our diplomats and consular officers in the field is a top priority."

The US, she said, will "continue to work with India to ensure that all of our diplomats and consular officers are being afforded full rights and protections."

"Also, of course, safety and security of our facilities as well is something we take very seriously, and we'll keep working with the Indians on that."

Adding a new dimension to the case, Harf also claimed that the State Department had advised the Indian Embassy "in writing in September of allegations of abuse made by an Indian national against the deputy consul general of India in New York."

"Obviously, we play a role in this, but the Department of Justice also obviously handles the legal aspect of it as well," she said.

However, Harf said she was "not aware" if the Indian Embassy had informed the State Department about a pending court case in India against Khobragade's former India-based domestic assistant, Sangeeta Richard, who

has been absconding since June this year.

The US Secretary of State John Kerry, who is currently in the the Philippines was "aware of what's going on" and the State Department has had "conversations" with the White House about the issue.

Asked if Khobragade was strip-searched, Harf said the State Department was looking into what transpired. While the US State diplomatic security had followed "standard procedures" she could not speak for the US marshals, who took the diplomat into custody.

But in response to specific news media queries about whether a strip search had been conducted on the Indian diplomat, the US Marshals Service confirmed that "standard arrestee intake procedures" were followed.

"Yes, Devyani Khobragade was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York." It said she had been placed in an "available and appropriate cell," it said in a statement.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 12,2024

ikramuddinkamil.jpg

The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 15,2024

amitshah.jpg

Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 13,2024

buldozerjustice.jpg

New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.