Diplomat's maid abuse case: HC seeks documents from Centre

The Union Government was today asked by Delhi High Court to furnish documents including a copy of the contract signed between it and the Indian maid who has pursued a case in the US against her former employers, an Indian diplomat and her husband, for allegedly abusing her.

Justice Kailash Gambhir asked Additional Solicitor General A S Chandhiok, appearing for the Government, to file a copy of the bank account in which the government paid the salary of Shanti Gurung. The court posted the matter for further hearing tomorrow.

In addition, Justice Gambhir asked the government to place on record the medical documents, if any, relating to her weight, as Gurung had alleged that her weight had changed drastically while she was employed with Neena Malhotra and her husband Yogesh Malhotra in the US.

The court's direction came after the ASG submitted that the Government of India, in 2006, had employed Gurung and sent her to the US to serve the Malhotras.

"She was paid regular salary there by the government and her allegation that she was not paid for months was baseless" the senior lawyer said.

The court was hearing the Centre's plea seeking an order restraining Gurung from pursuing a case in the US against the Malhotras, as the diplomat enjoyed immunity abroad.

The Ministry of External Affairs had said in their suit that the case initiated by Gurung, with the help of a voluntary organisation, against the Malhotras is an abuse of process of law as the allegations are baseless and malafide.

Last week, a US judge had recommended that the Malhotras should pay nearly USD 1.5 million to Gurung as damages, on her complaint of "slavery" and "barbaric treatment" while she was employed as their domestic help.

In its petition, the government said the legal action against Malhotras is in violation of the Foreign Sovereign Immunity Act of the US and also the Vienna and Hague Conventions.

"They enjoyed diplomatic immunity and they are under the territorial jurisdiction of this court, and any legal action against them can be done only in Delhi," the government said seeking a direction to Gurung to withdraw her case.

"The US court lacks jurisdiction to entertain the complaint against the Indian diplomat and try any proceedings against them.

"Any order to be passed by the US district court would be contrary to the Foreign Sovereign Immunity Act and also an interference with the judicial sovereignty of India," it said.

The legal proceeding is pending before a US judge to fix adequate damage for the maid on her complaint.

Neena, an Indian Foreign Service officer, served as a Press and Culture Counsellor at the Indian Consulate in New York from 2006-2009.

When she came to New York in 2006, Neena brought Gurung from India to serve as her house-maid.

In July 2010, Gurung filed a complaint before the US court accusing Malhotras of kidnapping and trafficking her and also ill treating her.