A US judge in New York has granted Manhattan’s top prosecutor Preet Bharara time till January 31 to file his opposition to the motion submitted by Indian diplomat Devyani Khobragade seeking dismissal of the indictment against her on visa fraud charges.
India-born Bharara wrote to US District Judge Shira Scheindlin yesterday seeking January 31 as the deadline to file the government’s opposition brief and permission that the response is of up to 25 pages in length. Arguing that a prompt resolution of the case is essential, Arshack said he does not agree with the prosecution seeking three more days till January 31 to file their response.
Bharara said that the additional time and increased length are necessary to thoroughly address the complex legal issues and extensive relevant facts raised by the defendant’s motion. Arshack is seeking a court order to dismiss the indictment and proceeding against the Indian diplomat, exonerate any bail or bond previously posted on her behalf and termination of any open arrest warrants against Khobragade as “they too are nullities since the instant proceeding is subject to dismissal.
He said in the motion that because of Khobragade’s diplomatic status the Court did not have personal jurisdiction over her at the time of her December 12 arrest and indictment, but it still has subject matter jurisdiction to rule over her motion to dismiss the case. Scheindlin further ordered that Khobragade’s reply to the government’s opposition is due on February 7.
Bureau Report
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