New Delhi: The Supreme Court Thursday rejected a petition filed by an unidentified family member of Indian national Nikhil Gupta, who is detained in the Czech Republic in connection with the plot to assassinate Khalistani sympathiser Gurpatwant Sigh Pannun in USA, to grant Gupta consular access & legal aid to challenge his indictment & extradition.
A bench headed by justice Sanjiv Khanna and comprising justice Dipankar Datta termed the matter a sensitive issue and stressed that it is for the government to decide whether to intervene. The bench said the court can't interfere in the matter as it pertained to international law, and also declined to consider grant of consular access and legal aid to Gupta to challenge his indictment and extradition. “It’s for the government to take a decision.... This is a sensitive matter for the government also. It has its own ramifications….”, said the bench, rejecting the plea.
Advocate Rohini Musa, representing the petitioner, said: “The Supreme Court observed that since this was a sensitive matter involving international law, it was for the Government of India to decide. Our request for the writ petition to be treated as a representation to the Government of India was recorded and it was left for the Government to decide on the same”. “We are hopeful that the Government of India would render the assistance necessary to enable an Indian citizen to adequately defend himself before a foreign court and to ensure no further violations of his human rights”, said Musa.
The plea said the petitioner urgently moved the apex court seeking relief in a matter fraught with complexities. The plea contended that the genesis of the petitioner's predicament dates back to June 30, 2023, when he was illegally detained at Prague Airport in the Czech Republic. “From the outset, the petitioner contends that the circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed U.S. agents rather than local Czech authorities”, said the plea.
The plea contended that emphasizing the political nature of the case, the petitioner highlights the second unsealed superseding indictment dated November 29, 2023. “The document, emanating from the United States District Court, Southern District, New York, shifts the narrative away from the petitioner and implicates an alleged Indian government employee, referred to as "CC-1." According to the petitioner, this marks a significant departure from the initial charges and transforms the case into a diplomatic and political quagmire between India and the United States. The petitioner positions himself as a hapless victim caught in the crossfire, urging the court's intervention to navigate this intricate web of international relations and secure his rights”, said the plea.
The petitioner contended that he has no roots in the United States and questions the veracity of the narrative presented in the second unsealed superseding indictment. “He underscores the absurdity of the notion that the Indian government would engage him in alleged covert operations and assassinations on U.S. soil when he has no connections or business in the country”, said the plea.
“The petitioner contends that since June 30, 2023, he has been in illegal custody of the Czech authorities, facing an alleged political vendetta between the U.S. and Indian governments. He argues that the extradition proceedings initiated in Prague have been marred by procedural failures, highlighting the absence of an arrest warrant, lack of fair representation, and denial of basic rights, rendering the trial anything but fair”, said the plea.
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