India's Deputy Consul General in New York Devyani Khobragade would be fairly small fry for US Attorney Preet Bharara - the New York-based federal prosecutor who won the biggest ever insider trading case last month, against SAC Capital.
But Indian-born Bharara has made it clear that there is no offender too big - or too small - to escape his attention. This month alone, actions initiated by his office and convictions include those against Wall Street executives, tax evaders, drug and arms dealers and an Indian American pharmacy owner in Queens.
The escalating diplomatic row between India and the US over the arrest and treatment meted out to Khobragade is in fact the second such tussle set off by the actions of Bharara's office this month. She is charged with giving false information and documents to support her domestic help's visa application.
On December 5, Bharara announced charges against 25 serving and former Russian diplomats and their spouses for allegedly defrauding Medicaid, an American state-run health care programme, to obtain about $1.5 million in benefits over a decade. No arrest was made in that case and Bharara said the case was unlikely to go to trial as the defendants had immunity. At a news conference held to announce the charges, Bharara said it was a case "we would be prosecuting and making arrests in, but for immunity". But he noted that participation in crimes by diplomats generally leads to expulsion from a country.
The charges drew a sharp rebuke from Russia's Deputy Foreign Minister Sergei Ryabkov who blamed the criminal case on "Russophobic forces", although the US state department downplayed the case saying it should not affect bilateral ties.
Talking about Khobragade's case, State Department Deputy Spokesperson Marie Harf said: "The US and India enjoy a broad and deep friendship, and this isolated episode is not indicative of the close and mutually respectful ties we share."
As the US Attorney for the Southern District of New York, Bharara is considered to be one of the most powerful prosecutors in America and was handpicked by US President Barack Obama for this position in May 2009. His term expires next year and it is widely speculated he could run for higher political office. One of his predecessors, Rudy Giuliani, went on to become the Mayor of New York City and was a candidate for the Republican presidential nomination in 2008.
Conspiracy: Mails circulating among South Block officials show Bharara has come under scanner for targeting people of Indian origin. Before spearheading proceedings against Devyani, Bharara had hit the headlines for prosecuting ex-McKinsey MD Rajat Gupta for insider trading charges. Many from the diplomatic community wondered why there was no thought given to bringing to justice those who committed crimes against India.
It may be mentioned that US courts have been admitting law suits filed by pro-Khalistani groups against Indian leaders. Summons were issued to leaders like Congress president Sonia Gandhi and Union Minister Kamal Nath and even the Congress party in connection with the 1984 anti-Sikh riots. "How are the US courts concerned with a matter that did not occur within its territory?" a senior official wondered.
The development surrounding Devyani brought back memories of Krittika Biswas, the daughter of an Indian diplomat posted at the Indian Consulate in New York, who was arrested in her school, handcuffed and forced to spend 28 hours in a detention cell for cyber bullying in February 2011. It was later found that another student was responsible for the crime.
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