Times of India:

“Based in New York, Batra had successfully represented the former Indian Consul General Prabhu Dayal against allegations of sexual exploitation by his maid.

“The core problem here is that Sangeeta willfully, voluntarily and with free will entered into three contracts: an oral contract followed by two written agreements, with the first and third contracts each calling for Rs 30,000 to be paid per month. Then, Sangeeta, alone, was twice interviewed by the US Embassy to negotiate the fraud upon the US Embassy, aided by her-executed Fake Contract, and Sangeeta did so successfully,” Batra told PTI.

[Batra seems to accept that one of the contracts – the one shown to the US Visa office  – was fraudulent. Devyani K’s contention is that it wasn’t and that the first and third, for Rs. 30,000, constituted money to be paid to the maid’s family in India. However, that second contract itself would violate US labor laws, which require all monies to be paid in the US, so I read. Ms. Khobragade probably did not know that  or thought it was permissible since both she and the maid were Indian citizens, the contracts were drawn up in India, and they were protected under Indian labor law. Since the full terms of payment actually fulfilled US requirements, she may not even have known that it was in conflict with US law.]

[Another point is the US Visa office A3 visa is probably illegal itself and unnecessary.]

Times of India:

“Of course, once Sangeeta agreed to work as Devyani’s domestic worker, Sangeeta gave her ‘Blue’ passport to Devyani, who then got Sangeeta her Official ‘White’ passport, with obvious ‘cancellation’ of the Blue passport,” he said.

Sangeeta then traveled on her White passport on November 24, 2013 to New York, and later it was missing, as reported in the FIR when she left Devyani’s home in June 2013, he added.

[Lila: That is, Sangeeta herself took the white passport from the house. She couldn’t travel on it to go home, because it is an official passport that would be invalid if she reneged on her terms of agreement. So Bharara’s charge that DK took her passport or prevented her from traveling is bogus and confused.]

Times of India:

“Hence, the claim that Devyani, was somehow preventing Sangeeta from traveling on her Blue passport is incomprehensible – as Sangeeta had her White passport, which Sangeeta knew, she could not use to go back to India, given her violation of her employment-terms,” Batra alleged.

“Additionally, with an arrest warrant for Sangeeta issued on November 19, 2013, by the Delhi High Court and her husband listed as an Accused #2, Sangeeta’s claimed desire to return to India is not credible,” Batra claims, referring to the allegations made by the federal prosecutor in the indictment that the maid wanted to return to India.

“Finally, since Philip Richard was an employee of the US Embassy in Delhi, Sangeeta was always empowered to seek advice and counsel from Philip’s employer, prior to her entering into two contracts for Rs 30,000,” Batra said.

[Lila: That is, with close family ties to the head of the anti-trafficking and anti-terrorism unit in the US embassy, Wayne May,  Sangeeta had plenty of ability to get further advice on the exact nature of her contract. She could not have been pressured by Devyani to make her appearance in the US visa office.]

Time of India:

Relying solely upon Sangeeta’s unadorned word, the indictment accuses Devyani of overworking and exploiting her and lists hours she claims to have worked – as much as “94 to 109” hours a week, including Sundays, he said, adding that the hours claimed by Sangeeta could be challenged.

Lila:  Witnesses whom the US judge did not include have already testified seeing Sangeeta on off-days.

Times of India:

Batra also questions the US decision to give T-visa to the family members of Sangeeta.

“That our State Department required our Justice Department to file criminal charges against Devyani, while giving Sangeeta and family a T-visa, under these circumstances is nothing short of an avoidable itch becoming a roaring rash. “Sinful human trafficking, modern day slavery, this is not – no matter the powerful incentive of getting a T-visa causing one to fake being trafficked.”