Devyani Khobragade enjoys no immunity: US

Neither did she travel from India to New York for business related to the U.N., a condition that could have accorded her full diplomatic immunity.

The State Department further noted that the U.N. accreditation record submitted by Khobragade's lawyer in court shows Khobragade's date of arrival in the U.S. as August 26, 2013, and her departure date as August 31, 2013.

“These dates are plainly wrong since she was present in the U.S. both before and after that date,” it said.

Bharara said the State Department declaration also makes it clear that while Khobragade's name appears on a list sent to the U.S. Mission to U.N. as part of the Indian delegation for the main part of the regular session of the UNGA, the dates given for her appear as August 2013 to August 2016.

“Such a date range is incorrect and meaningless,” since the UNGA meeting was not going to extend past December 2013.

The State Department said her name does not appear on the consolidated list of UNGA delegation members produced by the U.N. since Khobragade was serving as the Deputy Consul General and not as a Special Advisor.

Further “no dual-accreditation request” for Khobragade was sent to the State Department.

Bharara said at the time of her arrest Khobragade was not exercising any function as member of the Indian UN delegation nor was she travelling to or from the place of a UNGA meeting.