The Punjab link US attorney Preetinder Singh 'Preet' Bharara (pic) was born in Ferozepur district, Punjab, in 1968 Born to a Sikh father and a Hindu mother, Bharara is now a naturalised US citizen. He is married and has three children Was sworn in as US attorney for the southern district of New York on August 13, 2009 Had figured among 'The 100 Most Influential People in the World' by Time Magazine Bharara has prosecuted quite a few Indians in the past

The Punjab-born US attorney who alleged that Devyani Khobragade had broken US law by lying on a visa application for her maid whom she grossly underpaid, on Wednesday issued a firm statement in which he noted the stark contrast in the outrage in India over the diplomat’s arrest in New York with the silence over the mistreatment of her maid, who is also an Indian national. Preet Bharara, US attorney for southern district of New York, said there had been “much misinformation and factual inaccuracy” in reporting and commentary on the December 12 arrest of Khobragade, India’s Deputy Consul General in New York.

Khobragade not only broke US law, but also forced her maid, Sangeeta Richard, and the maid’s spouse to be part of her scheme to lie to US government officials, he said. “One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country. One wonders even more pointedly whether any government would not take action regarding that alleged conduct where the purpose of the scheme was to unfairly treat a domestic worker in ways that violate the law. And one wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?” Bharara said.

Secretary of State John Kerry expressed his regret over the incident in a phone call to National Security Adviser Shivshankar Menon on Wednesday. “The Secretary was very clear that we regret what happened here and that we’re focused on moving forward,” said State Department deputy spokeswoman Marie Harf.

India's permanent mission to the United Nations in New York, where Devyani Khobragade has been transferred to give her full diplomatic immunity. AFP

Harf said Kerry “understands very deeply the importance of enforcing our laws and protecting victims, and, like all officials in positions of responsibility in the US government, expects that laws will be followed by everyone here in our country”.

Later at the daily briefing, Harf declined to parse those comments, but said: “We’re not saying that these charges aren’t charges that we think, of course, we would need to enforce if in fact true.”

State Department officials say Khobragade, as a consular officer, does not enjoy full diplomatic immunity and can be arrested on felony charge as per the Vienna Convention on Consular Relations of 1963. The US Marshals Service said Khobragade’s arrest and detention were in accordance with its policy directives and protocols.

Bharara said inaccuracies in the rhetoric and reporting following Khobragade’s arrest were “misleading people and creating an inflammatory atmosphere on an unfounded basis”.

He clarified that: * Khobragade was accorded courtesies “well beyond what other defendants, most of whom are American citizens, are accorded”. (Bharara denied she was arrested in front of her children or handcuffed. Arresting officers did not seize her phone, as is the usual practice, and she was allowed to make numerous phone calls from the officers’ car as it was cold outside. The officers even brought her coffee and offered to get her food, Bharara said.)

* Khobragade was strip searched, but that was done in private by a female deputy marshal and is a standard practice to ensure that the prisoner does not have anything on his or her person with which harm can be done to anyone, including the prisoner.

* It was implausible that the case was unexpected or an injustice. The law is clearly set forth on the State Department website and there is plenty of precedent of cases involving other countries, including India, where the mistreatment of domestic workers by diplomats or consular officers was charged criminally, and there have been civil suits as well.

Bharara said the Indian Government had been aware of this legal issue and that its diplomats and consular officers were at risk of violating the law. “The question then may be asked: Is it for US prosecutors to look the other way, ignore the law and the civil rights of victims (again, here an Indian national), or is it the responsibility of the diplomats and consular officers and their government to make sure the law is observed?” he asked.

Besides underpaying and overworking Richard, there are “other facts” regarding the treatment of Khobragade’s employee “that were not consistent with the law or the representations made by Khobragade-that caused this Office and the State Department, to take legal action”, Bharara said.