NEW YORK – Krittika Biswas, 18, who is the daughter of Debashish Biswas, the vice consul of the Indian Consulate in New York, has filed an official notice that she will bring a USD 1.5-million lawsuit against the City of New York for “unwarranted arrest and unlicensed detention.”

She is suing the city's department of education after she was pulled out of her high school in handcuffs and then suspended, all for a crime she didn't commit. Biswas spent a harrowing night in jail on February 8 earlier this year, after the John Bowne High School in Queens, accused her of sending obscene and threatening emails to two of her teachers, and called in the police.

A Chinese student, Shang Ming, who had actually sent the profanity-laced emails with smatterings of French expletives was suspended, but never arrested.

Biswas’ attorney, Ravi Batra, said that following her arrest, she was further mistreated at the police precinct: Her handcuffs were secured so tightly that they caused swelling, and she was not allowed to use the bathroom for a long time. In all, Biswas was detained by the police for about 28 hours even though there was “no evidence to support a claim against Krittika Biswas,” according to Batra.

The Queens District Attorney dismissed the arrest, but the New York Department of Education (DOE) suspended Biswas from school. A month into her suspension, the DOE also dropped the charges.

Biswas said it was only after Principal Howard Kwait found the real perpetrator that Biswas was allowed back into school. A Chinese student, Shang Ming, who had actually sent the profanity-laced emails with smatterings of French expletives was suspended, but never arrested.

They found Krittika was in a mall when one of the emails was sent from her IP address. Security cameras also proved Biswas was shopping for her brother's birthday present at the mall when one of the emails was sent.

Since Biswas’ case involves government agencies, she has to first file a notice of her intent to sue the city, which she did on May 6. She is then permitted to officially file a lawsuit six months after she provides notice, which Batra said he intended to do on Biswas’ behalf. He added that with the amount of evidence he’s already collected, the case will be a “slam dunk.”

Biswas broke down at a press conference in New York while trying to explain why she is suing the city for USD 1.5 million. She also wants her school principal sacked.

"I was very broken down after this. One of my friends recently asked me, aren't you shameful you got arrested? I was like, I didn't do anything," said Biswas tearing up.

Biswas had diplomatic immunity that prevented her from being arrested. Police, however, not only ignored her claim of diplomatic immunity but even interrogated her before reading Biswas her rights.

"When they accuse someone, they should actually get their facts straights. When they accused me, they based it on something they just thought I did," said the high school senior.

Biswas’s lawyer, Ravi Batra, did an estimated USD 50,000 worth of work to prove her innocence to the school. Her father said he hired forensic software experts to prove his daughter’s innocence. They found Krittika was in a mall when one of the emails was sent from her IP address. Security cameras also proved Biswas was shopping for her brother's birthday present at the mall when one of the emails was sent.

"The basis for this targeted inquiry was as criminally malicious as it was reckless," said Batra.

Batra said Biswas had diplomatic immunity that prevented her from being arrested. Police, however, not only ignored her claim of diplomatic immunity but even interrogated her before reading Biswas her rights.

It remains to be seen what broader ramifications this case may have and how much it will dent America’s credentials as a sunny, welcoming student destination. There are over 250,000 Indian students currently studying in US universities.

Biswas is already gaining some support for her plight on Facebook. A group called “Krittika Biswas—Price of Every Tear Will Be Paid” has been championing her vociferously.