US indicts Indian in plot to kill separatist

Czech authorities arrested and detained Gupta, who lives in India on June 30 in the Czech Republic through a bilateral extradition treaty and he is currently awaiting extradition to the US

The US justice department on Wednesday indicted a 52-year-old Indian national who allegedly worked at the direction of an unnamed Indian government employee to plot the killing of a Sikh separatist, days after reports suggested that American authorities thwarted a plot to kill pro-Khalistan leader Gurpatwant Singh Pannun on US soil.

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Federal prosecutors told a Manhattan court that 52-year-old Nikhil Gupta, aka Nick, worked with the Indian government employee, who was not identified in the document and only referred to as CC1, as part of a $100,000 plot to kill a prominent separatist leader.

Czech authorities arrested and detained Gupta, who lives in India on June 30 in the Czech Republic through a bilateral extradition treaty and he is currently awaiting extradition to the US, the indictment added.

“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,” said US Attorney Damian Williams in the indictment.

“CC-1 was employed at all times relevant to this Indictment by the Indian government, resides in India, and directed the assassination plot from India,” the indictment added, saying the Indian government employee recruited Gupta last May.

The indictment is expected to complicate the issue of reported US allegations of an Indian link to an attempt to kill Pannun. The development came barely two months after Canadian Prime Minister Justin Trudeau triggered a storm by alleging that there was a “credible” link between Indian government agents and the slaying of another Khalistani leader, Hardeep Singh Nijjar, in the town of Surrey in June.

The indictment referred to the employee serving in the Central Reserve Police Force (CRPF) and receiving training in “battle craft” and “weapons”.

A US justice department statement said that, on the official’s direction, Gupta contacted an individual for the alleged plot who turned out to be a confidential source working with US law enforcement. The source then introduced Gupta to a purported hitman, who was in reality an undercover US law enforcement officer (the UC), the indictment said.

“CC-1 subsequently agreed in dealings brokered by Gupta to pay the UC $100,000 to murder the victim. On or about June 9, CC-1 and Gupta arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. CC-1’s associate then delivered the $15,000 to the UC in Manhattan,” the statement added. It also attached a photograph of the alleged transfer.

There was no immediate word from Indian officials on the allegations in the indictment filed against Gupta.

Earlier in the day, India had said it had set up a high-level inquiry committee to examine allegations of a conspiracy to kill Pannun, a senior leader of the outlawed Sikhs for Justice (SFJ) on US soil. External affairs ministry spokesperson Arindam Bagchi said the Indian government constituted the inquiry committee on November 18 to look into “all the relevant aspects” of the matter.

Though the court documents didn’t name the target of the alleged assassination plot, The Washington Post cited unnamed US administration officials as saying that the victim was Pannun. To be sure, an indictment is only an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The White House declined to comment directly on the charges against Gupta, but stressed administration officials acted quickly. “When we were made aware of the fact that the defendant in this case had credibly indicated that he was directed to arrange the murder by an individual who is assessed to be an employee of the Indian government, we took this information very seriously and engaged in direct conversations with the Indian government at the highest levels to express our concern,” White House National Security Council spokesperson Adrienne Watson said.

The US department of justice said in a statement that earlier this year, CC-1, “working together with others, including Gupta, in India and elsewhere, directed a plot to assassinate on US soil an attorney and political activist who is a US citizen of Indian origin residing in New York City”.

“Gupta is an Indian national who resides in India, is an associate of CC-1 and has described his involvement in international narcotics and weapons trafficking in his communications with CC-1 and others,” the statement said.

“CC-1 is an Indian government agency employee who has variously described himself as a ‘Senior Field Officer’ with responsibilities in ‘Security Management’ and ‘Intelligence,’ and who also has referenced previously serving in India’s Central Reserve Police Force and receiving ‘officer training’ in ‘battle craft’ and ‘weapons.’ CC-1 directed the assassination plot from India,” the statement added.

The US department of justice said that in or about May 2023, CC-1 allegedly recruited Gupta to “orchestrate the assassination of the Victim in the United States”. The court documents described the “victim” as a “vocal critic of the Indian government [who] leads a US-based organisation that advocates for the secession of Punjab”.

In or about June this year, “CC-1 provided Gupta with personal information about the Victim, including the Victim’s home address in New York City, phone numbers associated with the Victim, and details about the Victim’s day-to-day conduct, which Gupta then passed to the UC”, the statement said.

“CC-1 directed Gupta to provide regular updates on the progress of the assassination plot, which Gupta accomplished by forwarding to CC-1, among other things, surveillance photographs of the Victim,” it added.

Gupta allegedly directed the hitman -- undercover law enforcement officer (UC) -- to “carry out the murder as soon as possible”, but he also specifically instructed the undercover officer “not to commit the murder around the time of anticipated engagements scheduled to occur in the ensuing weeks between high-level US and Indian government officials”, the statement further said.

The court documents also referred to the murder of Nijjar, describing him as an “associate of the Victim”, and a “leader of the Sikh separatist movement”.

Gupta allegedly said that, in light of Nijjar’s murder, there was “now no need to wait” on killing the victim. On or about June 20, CC-1 allegedly sent Gupta a news article about the victim and messaged: “[i]t’s [a] priority now.”

Gupta has been charged with “murder-for-hire and conspiracy to commit murder-for-hire”. Each count carries a maximum penalty of 10 years in prison. The case against Gupta is being investigated by the US Drug Enforcement Administration (DEA) and the counter-intelligence division of the Federal Bureau of Investigation’s New York field office.

On November 22, the Financial Times reported that American authorities thwarted a plot to kill Pannun on US soil. The Joe Biden administration, too, confirmed that the US, at the senior most levels, raised the concern with India and expected those deemed responsible to be held accountable. India, according to the US, was surprised and concerned when the issue was raised, and told Washington DC that this was not government policy and it will investigate the matter.