The Supreme Court on Thursday dismissed a petition filed on Indian national Nikhil Gupta’s behalf for consular access and legal assistance to challenge his indictment and extradition to the US from the Czech Republic over a foiled plot to kill Sikh extremist leader Gurpatwant Singh Pannun in New York.

A bench of justices Sanjiv Khanna and Dipankar Datta cited the “sensitive” nature of the case and added it was up to the government whether it wished to deal with the matter. It noted Gupta was provided consular access in September after his arrest in June. “Keeping with the principles of public international law and sovereignty and comity of courts, we do not think any prayer can be granted.”

Senior advocate CA Sundaram, who represented a friend of Gupta who filed the petition, told the court that Gupta received his extradition order a day ago and required consular access to appeal against it. Sundaram said this matter concerned the human rights of an Indian citizen locked in a foreign jail. He added the one-time consular access was granted when he was not served with any extradition order. Sundaram said Gupta needed a translator and legal assistance to file an appeal.

The bench said, “Consular access is the only thing you are entitled to under the Vienna Convention and you have got it. We do not want to get into all these things. We have to respect the sovereignty and the comity of international courts.”

Sundaram cited subsequent developments after the consular access was granted in September including a New York court’s indictment.

The court said that the matter was not pending before it. “We will not say anything with regard to other court’s jurisdiction. Consular access is what you are entitled to. It may be given to you or denied.”

Solicitor-general Tushar Mehta said he has a copy of the petition but considering the prayers, there is hardly anything for the government to do.

Sundaram requested the court to allow him to convert this petition into a representation to be moved before the government. The court recorded this statement but refused to pass a direction for the government. “We are not going to say anything more than this. It is a sensitive matter. It is for the government to take up the issue. If they do not want to take up the matter, it is up to them.”

The petition filed on Gupta’s behalf called his arrest a serious violation of international laws. It added there was no formal arrest warrant.