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Indian Supreme Court rejects Nikhil Gupta’s extradition plea
The petition sought consular access and legal aid for Gupta to contest his indictment and potential extradition.
The Supreme Court dismissed a petition filed by a family member of Indian national Nikhil Gupta. / Image - Supreme Court of India
The Supreme Court of India on January 4 dismissed a Habeas Corpus plea filed by a family member of Nikhil Gupta, who has been accused by the United States of America for conspiring to assassinate Khalistani terrorist Gurpatwant Singh Pannun.
The petition sought consular access and legal aid for Gupta, who is currently detained in the Czech Republic, to contest his indictment and potential extradition.
The apex court deemed the case sensitive and declined to intervene or provide consular access to Gupta for challenging his indictment. Underlining its respect for the jurisdiction of the foreign court handling the matter, the Indian court said in its ruling, "Considering the public international law and comity of courts, we can't intervene.”
The petition, filed by Gupta's family on his behalf last month, asserted that Czech prison authorities compelled him to consume beef and pork, actions that conflicted with his religious beliefs as a devout Hindu. In addition to the dietary concerns, Gupta contended that he was denied consular access, the right to communicate with his family in India, and the freedom to secure legal representation.
"The circumstances (of the arrest in Prague) were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities," the petition noted.
Vladimir Repka, a spokesperson for the Czech Ministry of Justice, stated that Nikhil Gupta was arrested based on a request from the United States. Subsequently, the U.S. also submitted an extradition request for Gupta.
Background
Last year, Washington asserted that Indian national Nikhil Gupta made an attempt to kill Gurpatwant Singh Pannun, a US-Canadian citizen and Khalistani activist on American soil.
The allegation claimed that Gupta took this action after receiving assurance from an Indian government official, referred to as CC-1 in documents from the U.S. Justice Department.
"The defendant conspired from India to assassinate, right here in New York City, a US citizen of Indian origin who has publicly advocated for the establishment of a sovereign state for Sikhs," Damian Williams, the top federal prosecutor in Manhattan, said in a statement.
Gupta is charged with murder-for-hire and conspiracy to commit murder-for-hire, with each count carrying a maximum statutory penalty of 10 years in prison.
These allegations against Gupta emerged against the backdrop of Canadian Prime Minister Justin Trudeau asserting that he had 'credible allegations' suggesting New Delhi's involvement in the killing of Khalistani leader Hardeep Singh Nijjar.
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