Tasting the Michigan wine and spreading it Mughal-style: Rathore's help to India's agri ministry. Footnotes to Devyani row.
Was Devyani's domestic help a spy? -- RSN Singh. US-boirn 'wine philosopher' -- Chidanand Rajghatta. Privileged US diplomats -- Husain Haqqani
Canary Trap
Let the people know the facts
SUNDAY, DECEMBER 22, 2013
Was Devyani Khobragade’s domestic help a Spy?
BY RSN SINGH
When the senior officer in R&AW Mr Ravinder Singh was spirited away with his family by the Americans, the then National Security Advisor of India had commented that the issue was not that there was a mole but why was he so important to the US establishment. In the instant case the same question becomes relevant, i.e. why Sangeeta Richard, a domestic help of the Deputy Consul General (DCG) Devyani Khobragade, was so important to the Americans that her family was whisked away to the US two days before the criminal treatment meted out to the DCG by the authorities in that country. Was Sangeeta recruited by the US Intelligence Agencies to gain information of Indian diplomatic mission in the US?
The desperation to protect Sangeeta Richard and her family by the US authorities says it all. Such desperation betrays that possibly Sangeeta had been recruited and had been converted into what is called in Intelligence parlance an ‘asset’. Plausibly this asset was discovered and uncovered by the Consul General. It could be this fact that compelled Devyani to seek intervention of Delhi High Court, which issued an interim injunction against Sangeeta, preventing her from taking legal action in the US. Further the Metropolitan Magistrate of the South District Court issued an arrest warrant against her and requested the US government to locate her. The sudden grant of Visa and escape of Sangeeta’s family members to the US implies that the authorities in that country were closely monitoring the situation with regards to its ‘asset’ and its family. This abrupt development may have been engendered by the imminent possibility of the Indian judiciary tightening its noose on the family members of Sangeeta.
It is therefore evident that Sangeeta was not absconding but in the safe-custody of the American authorities. The exposure of such assets, it must be remembered compromises the entire espionage framework of the hostile country. Any price therefore to protect the framework is less.
Devyani, it seems has paid the price.
The entire family could not have been spirited out of India, the manner in which it was done, without engineering some extremely sensational diplomatic incident, which carried both the stamp of morality and the object of provocation.
In any country in the world such incidents involving diplomats is rare of the rarest. Say in India, if a diplomat, at any level, of any country were to be involved in an accident, for instance running over a pedestrian by an automobile the matter would be reported right up the chain, i.e. from constable to SHO to Assistant Commission to Deputy Commission to Commissioner of Police to Home Secretary to Home Minister and finally to the Prime Minister. It is because the factor of ‘diplomatic immunity’ is of overwhelming consideration.
In Devyani’s case, therefore, it was not a matter of ‘law taking its natural course’, but a clear case of deliberate provocation which entailed hand cuffing and stripping her. India has been provoked and outraged, the Americans have tried to gain a moral high-ground and the US intelligence ‘asset’ or ‘assets’ (Sangeeta and her other family members) have gained sympathy and credibility. A perfect script!
The attempt by the US to acquire a high-moral ground is nauseating. The morality part in favour of the Devyani has been more than upheld by the Court’s stance in India. They would not have taken the position they did, if it was a matter only confined to wages. The espionage angle seems to be very strong in the instant case.
Morality and the US diplomacy have always been contradiction in terms, rather antagonistic. If the US was so concerned about the sensitivities and laws of other countries, it would have extradited David Headley to India. If it was so sensitive about disparity in wages, it would not have outsourced the job of call centers to other countries. Indian youth working in these call centers spend sleepless nights to make America move during the day, for pittance.
Moreover the discerning people of India have abundantly understood the consummate skill with which American spin-doctors create agendas for destabilizing a country so that the economic and other strategic agendas could be pursued. It began with a concept called ‘march of democracies’. It then graduated to ‘human rights’. Then many countries like India were told that they were sitting on the mountain of ‘AIDS bomb’. Now the latest in the inventory is a concept called ‘modern slaves’. This theme is being flogged on Western television channels. It seeks to say that 50 percent of India constitutes ‘modern slaves’, who are hostage to the remaining. This is clever device to drive a wedge right through the middle of the Indian population. It is also a propaganda to convey the impression in the world that most countries including India are despotic, cruel and uncivilized.
With regards to slaves, it is another matter that the Father of America, George Washington, bequeathed his property to his wife, which included ‘slaves’.
The purpose of this article is not to delve into the details of the wages angle being justified to outrage the diplomatic and personal sanctity of Devyani. Nevertheless, it would be pertinent to mention that the arrangement and contract between the DCG and the Sangeeta Richard is laudable by any standards, and anybody who questions it is doing so due to motivated considerations.
The US has used this device of Sangeeta Richard to propagate this concept of ‘modern slaves’ and thus cause disaffection in the Indian society. In this bid they are being served by many Indian-Americans, who love to decry their motherland at the slightest behest of their adopted fatherland. Echoing the same ‘modern slaves’ concept but in different tenor, is a newly created political party, known to be receiving huge funding from American entities. Apart from the Maoists, the Church and the jihadis this is a new political US leverage.
This author has taken the opportunity to stick his neck out and proclaim with all the emphasis that Devyani issue is only a veneer to protect a espionage network.
(RSN Singh is a former military intelligence officer who later served in the Research & Analysis Wing. The author of two books: Asian Strategic and Military Perspective and Military Factor in Pakistan, he is also a Guest Blogger with Canary Trap)
Chidanand Rajghatta,TNN | Dec 22, 2013, 02.29 AM IST
Devyani case resolution complicated by marriage to US-born 'wine philosopher'
Devyani Khobragade is married to a New York-born Indian-American who is a professor of philosophy as well as a noted oenophile.
WASHINGTON: India and the United States could soon be clinking glasses and saying "cheers" over resolution of the l'affaire Devyani Khobragade — if they can get around the minor wrinkle arising from her marriage to a celebrated Indian-American oenophile - a wine expert.
The solution to the week-long spat is almost at hand with US agreeing to India shifting her to its Permanent UN Mission in New York (from the Indian Consulate where she is currently the deputy), which will give her full diplomatic immunity from prosecution as long as she is there. Although Washington has said the immunity will not be retroactive and charges against her will remain in the books, it is understood that she will not be prosecuted for the length of time she is accredited to UN.
Criminal jurisdiction will kick in the moment she is divested of this immunity.
Technically, the diplomat could be asked by India to serve at the UN till retirement, but obviously, the political solution to end the stand off involves the diplomat eventually being withdrawn from US territory (perhaps as soon as she has wrapped up her affairs in New York), in which case she would technically be an absconder in US eyes, the same way her former housekeeper is, as per Indian law.
The small wrinkle in this scenario comes from Khobragade's personal circumstances, which also led to the "creative solution" of her being reassigned to India's UN Mission in New York, instead of, say, the Indian embassy in Washington or elsewhere. She is married to a remarkable New York-born Indian-American who is a professor of philosophy and an oenophile, and who is combining the two passions to become a "wine philosopher."
Aakash Singh Rathore developed an interest in wines while teaching and writing his doctoral dissertation in Belgium in the early 2000s, after he which he also acquired his oenology qualifications from the University of Provence. It was around that time he met Devyani Khobragade, who was the studying German at the Goethe Institute in Berlin ahead of her posting there as a diplomat.
Soon after, he visited India's wine country in her home state Maharashtra and in Karnataka, spending long months at vineyards and wineries in and around Nashik, Pune, and Bangalore, the result of which was the first authoritative "Complete Indian Wine Guide" published in 2006. He has also served the Indian Government as an advisor to the Indian Grape Board.
Devyani's New York posting was in part propelled by his US roots — he was born in the US and his interest in wines originates from a small, family-owned winery in Michigan. He is currently said to be working towards a new course on the "Philosophy of Wine" being introduced into the University of Pennsylvania curriculum, where he has been teaching for the past year, shutting between New York City and Philadelphia.
Rathore was also helping India's ministry of agriculture and the Indian wine industry popularize its wines in the US. Among his recent research topics were wines served in the Mughal era, an inquiry that took him to Afghanistan, with a separate trip to Iran that was in the works to study wines from the Persian culture. All that is now up in the air.
Although Rathore is not necessarily tied down to the region, the young couple, who have two daughters of seven and three, need time to reconfigure their life, which has been turned upside down by yet another version of nannygate. Compounding the fact that the matter has erupted during the holiday season is that the two little girls had become attached to "Sangeeta tai" as they called the housekeeper, who abandoned the family charging she was underpaid and overworked.
On their part, the couple believe they treated Sangeeta with respect, giving her full access to the house, new technologies, including cell phone, iPad etc so she could communicate with her family, and the charges of being overworked relate to her being a live-in housekeeper, which makes it hard to compute precise working hours. They think Sangeeta Richards always intended to emigrate and that they were set up. Various photographs and letters in public domain do not appear to suggest the housekeeper was enslaved or treated badly, outside the issue of being overworked and underpaid by US standards.
While the State Department was yet to receive papers from UN to re-credential Khobragade to India's UN Mission in New York from the Indian Consulate where she is currently attached, Friday's clarification provides an opening to resolve the tricky issue once Washington approves New Delhi's decision to reassign her, after which the couple can focus on future plans.
"Receiving diplomatic immunity does not nullify any previously existing criminal charges. Those remain on the books. So it just is related to a diplomat's current status for the length of the time of that status," State Department spokesperson Jan Psaki explained on Friday, adding that "diplomatic immunity means, among other things, that a foreign diplomat is not subject to criminal jurisdiction in the United States for the time they are a diplomat, for the time they have that immunity."
"The choice the US would have to make is whether they want to pursue the case against an official who has full diplomatic immunity, keep the case against her alive, in the expectation that she would land in the US at a future date, when the charges could be pursued against her," said Indian officials in New Delhi.
To ensure that the case is allowed to lapse would also entail negotiations with US attorney Preet Bharara's office, currently the object of lively dislike by the Indian foreign office. Separately, India would have a separate set of negotiations on the Sangeeta Richards case.
Psaki's remarks seem to imply that the diplomatic immunity would be specific to her UN re-assignment for the length of the job. Entering the US after she is done with the job, with or without her husband, an American citizen, would invite arrest. The status of the children, or where they were born, is not clear. And what if she is re-assigned to the UN or to the Embassy in Washington? Technically, because her husband is a US citizen, he could also sponsor her for a Green Card leading to citizenship in normal circumstances. That may be off the table if the felony charges remain in the books.
While Sangeeta Richards is obviously on a fast track to a US green card, there is still a case against her in India, including a non-bailable arrest warrant. India is unlikely to give that case up in a hurry, until Richards withdraws the case against Khobragade.
While officials from both sides are threading through legalities to resolve the matter, Psaki, returning to the podium after two days of briefing by her deputy Marie Harf, sought to cool temperatures by disclosing that Secretary of State John Kerry was looking forward to speaking with External Affairs Minister Salman Khurshid soon about the issue.
"He has received several briefings. He remains very engaged in this as it unfolds," she said, even as Washington shuttered down for Christmas with President Obama flying off to Hawaii for a two-week long vacation after his year-end news conference (at which there were no questions on the diplomatic spat with India) and Kerry peeling off to for his family holiday.
Psaki endorsed on behalf of her administration the tempered view from Khurshid that ties between the two sides were too important to be shredded cavalierly by a flimsy legal spat generated by lower levels of the bureaucracy, conceding that US law enforcement authorities and the Government of India have some different interpretations of the issues and allegations at play.
"It's not just about diplomatic ties. We have over $90 billion in bilateral trade. We're supporting thousands of jobs in both of our countries. We share very close counterterrorism cooperation. And we are engaged with India, of course, on a range of issues, including Afghanistan, which is often a hot topic in here," she said. US energy secretary Ernest Moniz is due in India mid-January by which time both sides are hoping temperatures would have cooled and the matter resolved.
(With bureau reports from Delhi)
Devyani Khobragade is married to a New York-born Indian-American who is a professor of philosophy as well as a noted oenophile.
http://timesofindia.indiatimes.com/india/Devyani-case-resolution-complicated-by-marriage-to-US-born-wine-philosopher/articleshow/27742499.cms
US diplomats are given considerations over and beyond the law: Husain Haqqani
TNN | Dec 22, 2013, 02.50 AM IST
WASHINGTON: Husain Haqqani, former Pakistan ambassador to the United States, has castigated US prosecutor Preet Bharara and state department officials who signed off on the arrest of Devyani Khobragade for failing to be sensitive to the international dimension of an alleged domestic crime. "The arrest and mistreatment of an Indian consul in New York is particularly galling considering how American diplomats are extended considerations over and beyond the law in most countries," Haqqani wrote in The Daily Beast.
Describing Khobragade's arrest for allegedly paying her maid less than the amount stated on the maid's employment visa, Haqqani said that Bharara had displayed an "over-exuberance straight out of an episode of Law and Order". The diplomatic tiff was neither about rule of law nor about diplomatic immunity, he said, but about courtesy for representatives of foreign governments.
During his tenure as ambassador, Haqqani recalled how he was at the centre of a similar but much worse row in January 2011 when a US citizen named Raymond Davis killed two men in a crowded street in Lahore. "The US claimed that Davis carried a diplomatic passport and therefore enjoyed diplomatic immunity. Pakistan's Foreign Office found that Davis' name had been included on the list of diplomats serving in Pakistan only after he had committed the murders, which did not extend him immunity under the Vienna Convention," he states, revealing that Davis' job description as adviser to the US consulate in Lahore entitled him to consular and not full diplomatic immunity.
Despite that, Haqqani claims his government ensured Davis was treated with courtesy. "He was not subjected to a strip search," says the former ambassador, adding that after it was revealed that Davis was a CIA contractor, special security arrangements were made for him in prison. "The Pakistani government avoided embarrassing President Obama, who had been misled into publicly insisting on Davis' diplomatic status," Haqqani said.
Davis was eventually freed after his lawyers reached a financial settlement with the victims' families. Ironically, it was John Kerry - US secretary of state who has expressed "regret" about Khobragade's case - who was sent to Pakistan to smooth things over and "temper the public anger over the prospect of an accused murderer being set free".
"I was as outraged as anyone else over the fact that a hot-headed individual had killed two people in a crowded market without any identifiable threat to his life. We treated the Raymond Davis affair as a matter affecting relations between Pakistan and the United States, and not merely as the crime it was," said Haqqani, who believes "the ends of justice" would not have been compromised had Khobragade been shown the same courtesy. "American law enforcers need to be mindful of these global realities before setting off another storm while arresting a foreign diplomat or consular agent," he stated.
http://timesofindia.indiatimes.com/world/us/US-diplomats-are-given-considerations-over-and-beyond-the-law-Husain-Haqqani/articleshow/27744211.cms?prtpage=1