The family of Indian national Nikhil Gupta filed a plea with the Supreme Court on Thursday, requesting consular access and legal assistance to contest his indictment and extradition in a case in which the US authorities accused him of attempting to assassinate Khalistani terrorist Gurpatwant Singh Pannun. The Supreme Court denied the appeal.
The highest court acknowledged that the subject is delicate and that it is appropriate to honour the foreign court’s jurisdiction.
At the request of US officials, 52-year-old Indian national Gupta was taken into custody in the Czech Republic in June 2023. He’s being kept in a Czech Republic solitary confinement institution.
In the lawsuit, Gupta’s family said he was refused access to consular services, the freedom to see his family in India, and the ability to hire legal counsel. They also asked the Supreme Court to become involved in the case.
“This is a global issue, and the Vienna Convention addresses every facet. Direct communication with authorities is an option if consular access is denied. But according to your own list of dates, you were granted consular access twice,” Justice Sanjeev Khanna stated in response to the argument made by C Aryama Sundaram, the attorney for Nikhil Gupta.
The petitioner has a “right to seek assistance” from his nation, according to Senior Advocate Sundaram. Justice Khanna did point out that “this is applicable while you are within our jurisdiction. This is a delicate issue; let the government make the final decision.”
Justices Sanjeev Khanna and Dipankar Dutta’s bench declared, “We do not believe we can become involved in this issue. The Delhi High Court had already received a petition from the petitioners, and decisions had been made. No further commands are necessary.” Khanna also stated that the central government has been given the authority to take the required action in the matter by the court, which is compliant with the Vienna Convention.
The US Justice Department accused Nikhil Gupta in November 2023 for his alleged role in the murder conspiracy. US officials claim that Gupta had given an assassin $100,000 to carry out the murder, with a $15,000 down payment previously paid in June of last year. But the person he reached out to to recruit the hitman was really a confidential informant for US law enforcement.
Reports state that American authorities are requesting Gupta’s extradition from the Czech Republic.
