Krittika Episode: Internal Emails Reveal US Insensitive; India Soft-Pedalled Case

The arrest of Krittika Biswas, the teenaged daughter of Indian Vice Consul in New York, Debashish Biswas, has taken a fresh turn. Belying claims made by the Ministry of External Affairs that India took the matter strongly with the US, there is evidence that nails India's claims and points to the US government ignoring India's concerns.

Headlines Today has accessed a string of emails exchanged between the Indian Embassy in Washington, the US State Department and the Ministry of External Affairs on the case that reveal that even though the US knew that Krittika was an Indian diplomat's daughter from the moment the arrest was made, no information was given to the Indian mission of her arrest.

The claims made by Indian Ambassador to the US Meera Shankar that India woke up senior officials to secure her release also fall flat, as one of the emails reveal that Indian officials were not even given access to the girl even though the office of the US State Department of foreign missions was informed about the arrest.

Even the basic courtesy of informing the Indian mission of her arrest was not followed.

Sample this: On Feb 9, an email sent by the Indian Embassy in Washington sent to the Head of the Americas desk in the MEA said: While Krittika was arrested the previous night, the mission was not given access to meet her.

The email further said that the India's desk official in the US State Department, Atul Keshap, confirmed to the Indian Embassy in Washington that diplomatic security had informed the office of foreign missions of the US State Department.

Then why was the Indian mission not informed and why was the girl arrested even without any arrest warrant from a court?

The MEA claimed that it took up the matter strongly, but the question is how. Another email sent by Head of Chancery in the Indian Embassy in Washington P. Kumaran to Javed Ashraf, Joint Secretary, Americas in the MEA repeated that the 'Indian mission was not allowed access to the girl last night and she will be produced before a judge this morning'. He also said the charge is 'Aggravated harassment'. Clearly, the Indian official was articulating the outrage at the arrest and the manner in which the US handled the case.

Subsequently, the Indian consulate in New York managed to seek the help from a prominent Indian lawyer Ravi Batra to secure her release.

But officially, the MEA soft-pedalled the case. Sample another email sent by the Indian Embassy in Washington to the MEA. India wrote a note verbale WAS/POL/551/1/11 dated Feb 9, but the US responded to it after good twenty days of India's diplomatic note: "Family members of the consular officers and employees are not entitled to personal inviolability or immunity from civil and criminal jurisdiction."

The question is what substantive action was taken by the MEA after US bluntly told them that the diplomatic immunity was not applicable. It was worried that the media will raise questions, another email reveals that on the same day. The Joint Secretary, Americas wrote to senior officials in the Indian Embassy in Washington that Foreign Secretary Nirupama Rao called to inquire on the case and has instructed that 'we should keep it away from the media'. Although she understands that NYPD or court might release the information. Clearly, the effort was more about ensuring that the case is kept away from the media than to take real action. In the same email, the Joint Secretary, Americas also mentioned that when he raised the issue with the Deputy Chief of the US mission in New Delhi Donald Lu, he curtly told him that India also had the same policy on immunity.

Clearly, now while the lawyer of the girl Ravi Batra has written to the US Secretary of State Hillary Clinton seeking her intervention, he has also said that he is under pressure to withdraw the case.

Headlines Today is asking the government to explain what action have they taken to withdraw the diplomatic immunity for the US consulate family members stationed in India. In diplomacy, these principles are based on reciprocity. Is India being too soft on the US or is it worried that this will have fallout on the Indo-US relations. Why haven't they asked for any apology from the US government given their own email talks about the aggravated harassment of Krittika Biswas? These are the answers the UPA government needs to give.

Krittika was arrested by the New York Police on February 8 on the suspicion of sending obscene emails to her teacher in Queens' John Browne High School. She was released a day later after being found innocent.

The girl is now suing New York City's government for $1.5 million for what she claims was a wrongful arrest. The US had stirred more controversy by saying that the children of diplomats do not enjoy immunity. On May 26, India conveyed its concern to the United States over the way an Indian diplomat's daughter was arrested in New York.