The Supreme Court on Thursday rejected a petition moved on behalf of Nikhil Gupta, who stands accused in a United States district court of conspiring to assassinate Khalistani separatist Gurpatwant Singh Pannu. The petition sought consular access and legal aid in the ongoing extradition proceedings against Gupta in the Czech Republic.

Nikhil Gupta has been in the custody of Czech authorities since 30 June, 2023. He is facing proceedings for extradition to the US. Gupta, who has been accused by the US authorities of plotting to kill Pannun at the behest of an Indian intelligence official, is currently lodged in a prison in Prague.

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Gurpatwant Singh Pannun is an India-designated terrorist who holds American and Canadian citizenship.

Rejecting the plea filed by the kin of Nikhil Gupta, a bench of Justice Sanjiv Khanna and Justice Dipankar Datta, said: “There is nothing much that we can do. This is an international matter, and all aspects are covered under the Vienna Convention. If consular access is not granted, authorities can be approached directly. However, as per your list of dates, consular access was given to you twice.”

Describing it as a “sensitive matter” and stating that it was for the central government to take a call if it wanted to intervene in the issue, the bench told senior advocate C Aryama Sundaram, appearing for Gupta’s kin, that this court should respect the jurisdiction and sovereignty of the foreign court and law of that land and, therefore, it cannot go into the merit of the matter.

Senior advocate Sundaram argued that as an Indian citizen, Gupta has the right to seek assistance from his country. He said that Gupta was not given consular access and is being kept in solitary confinement.

Sundaram said that he would approach the Centre to treat this petition as a representation and sought the court’s direction to the government to consider his representation. The bench responded by saying that it is for the central government to decide whether to intervene in the matter or not.

A habeas corpus petition was moved in the top court stating that Gupta (52) was in the Czech Republic on a business exploration trip when he was detained on 30 June at Prague airport and has been in solitary confinement for about 100 days.

The plea sought direction to the Union of India to intervene in the extradition proceedings pending before the Extradition Court in Prague, Czech Republic, to ensure that Gupta is guaranteed a fair and transparent trial.

The plea alleged that he was denied consular access, the right to contact his family in India, and the freedom to seek legal representation.

The plea further sought direction to the Indian Embassy in the Czech Republic to extend all cooperation to Gupta pending his illegal detention and incarceration in the Czech Republic.

The plea also stated that Gupta and his family have sent multiple representations to different authorities in India seeking immediate assistance and intervention.

“Despite representations, emails, letters, and phone calls both to the Ministry of External Affairs of India and to the Indian Embassy in Prague, Czech Republic, there has been no action or involvement by the respondent department in the matter. There have been numerous procedural violations threatening the fundamental rights and even the most basic human rights of the petitioner,” the plea said.

“Moreover, the petitioner is aggrieved by the blatant negligence and omission of the respondent department in handling his case with the due care and caution needed,” the plea added.

As per the US Justice Department’s indictment, Indian national Nikhil Gupta is currently in custody and has been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison. The Czech authorities arrested and detained Gupta on 30 June under the bilateral extradition treaty between the United States and the Czech Republic.

The US Justice Department had claimed that an Indian government employee, who was not identified in the indictment filed in a federal court in Manhattan, recruited Nikhil Gupta to hire a hitman to allegedly assassinate Panun, which was foiled by the US authorities.

The US Justice Department claimed that Gupta is an associate of CC-1, an unidentified person who directed the alleged plot, and described his involvement in international narcotics and weapons trafficking in his communications with CC-1. The indictment claims that CC-1 directed the assassination plot from India.