Supreme Court rejects petition by kin of Indian national Nikhil Gupta indicted by US in Pannun murder plot

Hearing the matter, the bench said that the court should uphold the jurisdiction and sovereignty of the foreign court and the laws of that jurisdiction. The petition had requested consular access and legal assistance to contest his indictment and potential extradition.

The Supreme Court on Thursday dismissed the plea submitted by the family of Indian national Nikhil Gupta, who faces charges from US authorities for purportedly conspiring to kill Khalistani terrorist Gurpatwant Singh Pannun.

The petition had requested consular access and legal assistance to contest his indictment and potential extradition. Hearing the matter, a bench of Justices Sanjiv Khanna and Dipankar Datta said the court cannot do much in the case.  “There is nothing much we can do. You are entitled to consular access under the Vienna convention, which you have already got," the bench noted. 

'Court can't go into merit of the matter'

The bench told senior advocate CA Sundaram, appearing for the kin of Gupta, that the court should uphold the jurisdiction and sovereignty of the foreign court and the laws of that jurisdiction. Therefore, the bench stated that it cannot delve into the merits of the case. "We will not permit discussion about the foreign court," the bench conveyed to Sundaram when he attempted to present the fact that Gupta was placed in solitary confinement and was denied consular access after his indictment.

Gupta's lawyer argues on basis of human rights issue

Sundaram emphasized this as a human rights issue and mentioned seeking assistance from the Indian embassy and the Ministry of External Affairs, which he claimed has not been provided. “I am an Indian national…I have not received any assistance to enable me to defend myself in a foreign country. Consular access does not mean that a person once comes and meets you and then it is done and dusted,” Sundaram said.

The bench said looking at the prayer of Gupta in the writ petition, it cannot do much. When Sundaram sought direction to the Union of India for looking into his representation, the bench said it is for the government of India to consider it and it cannot pass any such orders.

On September 17 last year, the bench noted that Gupta has received consular access in the matter and he has also moved the Delhi High Court, where certain orders have been passed. On December 15, last year, the top court had deferred the hearing on a habeas corpus plea moved by a family member of Gupta.

Gupta was arrested in Czech Republic

Gupta was apprehended in the Czech Republic on June 30 and has claimed severe human rights violations during his solitary confinement, alleging being compelled to consume beef and pork. He also asserted that he was denied consular access, the ability to contact his family in India, and the freedom to secure legal representation.

Charges on Gupta

On November 29 last year, federal prosecutors in the United States charged Gupta in connection with his alleged involvement in a thwarted plot to kill Pannun on American soil. 52-year-old Gupta is facing charges of murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, with a maximum sentence of a 10-year jail term.

According to US authorities, Gupta purportedly agreed to pay an assassin USD 100,000 to eliminate the Sikh separatist leader residing in New York City. Meanwhile, prosecutors stated that Czech authorities arrested and detained Gupta on June 30, following the bilateral extradition treaty between the US and the Czech Republic. The arrest in the Czech Republic occurred at the request of the US in connection with Gupta's alleged involvement in the plot to kill Pannun.

(With PTI inputs)

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