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SC to take up on Jan 4 plea filed on behalf of Indian held over Pannun murder plot
Indian national Nikhil Gupta was arrested in the Czech Republic on charges of being part of a foiled plot to assassinate Sikhs for Justice leader Gurpatwant Singh Pannun in New York
The Supreme Court on Friday said it will on January 4 take up a habeas corpus petition filed on behalf of Indian national Nikhil Gupta, who was arrested in the Czech Republic on charges of being part of a foiled plot to assassinate Sikhs for Justice leader Gurpatwant Singh Pannun, a dual American and Canadian citizen, in New York.
A petition filed via a family member mentioned as X said Gupta, 52, did not know whether he was being extradited and needed the help of a translator. The Indian embassy in the Czech Republic has been made a party to the petition for possible help in getting him released.
A bench of justices Sanjiv Khanna and SVN Bhatti called it an extremely sensitive matter for the ministry to come in...”We would not direct them. You are capable of taking care of yourself.”
Senior advocate CA Sundaram, appearing for the petitioner, said Gupta is caught in a crossfire. He added US federal prosecutors have filed a second indictment against Gupta. Sundaram said Gupta was also unaware of the proceedings pending in the US against him.
Sundaram urged the court to hear the matter “in camera” due to the sensitivity related to the case. “This is a suggestion I am making as a counsel and not on behalf of the party,” Sundaram said.
The bench responded: “We will see it on the next date.” It earlier said the petition was not maintainable and that it ought to be filed where Gupta is jailed. “The person detained has not given his affidavit. He cannot have given it. As the next friend, you have filed this petition. If there is any violation of the law, you have to go to the concerned court there. We are not going to have an adjudication here. Go there and appear.”
Sundaram said he understood that. “...he [Gupta] has to approach the concerned court but let the ministry of external affairs see if it can assist him.”
The court noted Gupta earlier filed a petition in the Delhi high court seeking documents related to his incarceration. Sundaram clarified that it was about a different issue. “My problem today is that I am not provided even a translator.”
The US Justice Department last month described Gupta as an Indian government official, who allegedly directed an unsuccessful plot to assassinate Pannun. Gupta has been charged with orchestrating the attempted murder.
Federal prosecutors said Gupta’s responsibilities included security and intelligence. India expressed concern and dissociated itself from the plot, saying it was against the government policy.
Czech authorities arrested Gupta in June and was awaiting extradition. The news about Gupta’s arrest broke months after Canada said there were “credible” allegations linking Indian agents to the murder of Khalistan figure, Hardeep Singh Nijjar, in Vancouver in June.
