Devyani Khobragade back at External Affairs Ministry, moves US court to seek dismissal of visa fraud case

As she reached the MEA office this morning, Devyani refused to take questions from reporters. "I can't make any comments. Thank you for your support. My lawyer and my government will speak for me," she said as she made her way inside the Ministry.

Ms Khobragade's lawyer has submitted a four-page motion in a US court seeking dismissal of the case against her. "Devyani Khobragade hereby moves this court for a dismissal of this prosecution for a lack of personal jurisdiction now that she has been designated as a diplomat and has acquired immunity," he said.

In a sign of lingering bitterness between the two countries, India yesterday expelled an American diplomat of similar rank from Delhi. (Deeply regret that India expelled our diplomat: US)

Sources say India accuses this officer at the US Embassy in New Delhi of a role in the events leading up to Ms Khobragade's arrest. Sources also say that the officer was involved in helping the family of Ms Khobragade's former domestic help, Sangeeta Richard, fly out of India for the US. The director-rank diplomat was reportedly given "a little more than 48 hours" to leave India.

After Ms Khobragade's return to Delhi on Friday, the US said the diplomat no longer enjoys immunity and she and Indian government were told that an arrest warrant might be issued against her. "Prior to her (Devyani Khobragade) departure, it was conveyed to her and to the government of India that she is not permitted to return to the United States except to submit to the jurisdiction of the court," State Department spokesperson, Jen Psaki, told reporters. (Devyani no longer enjoys immunity, may face arrest warrant: US)

Ms Khobragade was on Wednesday granted a G1 visa by the US, which gives her full diplomatic immunity. India had transferred her to the Permanent Mission of India to the United Nations to enable her G-visa, which is issued to foreign government representatives working in international organisations in the US.

A US grand jury indicted her on Thursday on two counts, for visa fraud and making false statements to get a work visa for Sangeeta Richard, her housekeeper in New York.

India rejected America's request to waive Ms Khobragade's immunity, after which she was asked to exit the country, leaving her two young children behind. They are likely to join her later. Before leaving for India, Ms Khobragade asserted that she was innocent.  (Read: India refuses US request to waive immunity)

The BJP said bringing back Devyani Khobragade was India's defeat, as the charges against her will not be dropped.

Ms Khobragade was arrested on December 12 while dropping her children off at school in New York, where she was serving as deputy consul general. She was strip searched and held with criminals, triggering a massive row with India unleashing retaliatory measures to downgrade the privileges of American diplomats. (Devyani Khobragade case: US embassy asked to stop commercial activities)