“This court is clearly deprived of personal jurisdiction of Khobragade by virtue of her diplomatic immunity but nonetheless retains subject matter jurisdiction to hear this motion and dismiss this criminal proceeding,” Arshack said.
The US State department has assured Khobragade that her departure in compliance with their order does not constitute a violation of the terms of her release from the court on bond on the visa fraud and false statements charges she faces.
Arshack said that since Khobragade has been given diplomatic status, she has “automatically” been vested with diplomatic immunity from criminal liability in the US while she continues to maintain such diplomatic status.
Arrested on December 12, Khobragade, 39, was strip-searched and held with criminals, triggering a row between the two countries with India retaliating by downgrading privileges of certain category of US diplomats among other steps.
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