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As reported by ANI, the petition sought consular access, legal aid, and updates on the ongoing extradition proceedings in the Czech Republic.
A bench of Justices Sanjiv Khanna and Dipankar Datta said it’s a “sensitive” matter and it is for the Central government to take a call if it wants to intervene on the issue.
The bench said, “It should respect the jurisdiction of the foreign court where the matter is pending.”
“There is nothing much 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 own list of dates, consular access was given to you twice,” the bench told C Aryama Sundaram, representing the kin of Gupta.
Also Read: Pannun murder plot accused Nikhil Gupta arrested on ‘America’s request’, says Czech ministry
Sundaram contended that being an Indian citizen, Gupta possesses the right to seek assistance from his country. He asserted that Gupta has not been granted consular access and is currently held in solitary confinement.
“It’s a sensitive matter, and let the government decide on this,” Justice Khanna said.
Sundaram said he would approach the Centre to treat this petition as a representation and sought the court’s direction to ask the government to consider his representation.
To this, the bench said, “It is for the Central government to decide whether to intervene in the matter or not.”
Also Read: Nikhil Gupta ‘forced’ to eat beef in Czech, Hindu beliefs ‘violated’, says plea in Supreme Court
A Habeas Corpus petition was submitted to the Supreme Court on behalf of Gupta, who is presently held in custody in the Czech Republic awaiting extradition to the United States. The extradition pertains to his alleged involvement in a plot to murder Pannun, ANI reported.
According to the plea, Gupta, aged 52, was on a business exploration trip in the Czech Republic when he was unlawfully detained on June 30 at Prague airport. Since then, he has been held in solitary confinement.
The plea stated, “The circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities.”
The petition requested the Supreme Court to instruct the Union of India to intervene in the ongoing extradition proceedings before the Extradition Court in Prague, Czech Republic. The aim is to ensure that Gupta is provided with a fair and transparent trial.
Gurpatwant Singh Pannun is an Indian-designated terrorist, holds citizenship in both the United States and Canada.
Also Read: ‘Matter of concern,’ India on US indicting Indian national Nikhil Gupta in ‘plot to kill’
The petition provided a comprehensive account of his purported detention at the airport following immigration clearance.
It further alleged that Gupta was deprived of consular access, the ability to communicate with his family in India, and the right to secure legal representation.
Gupta asserted that he is a devout Hindu and vegetarian, claiming that he was compelled to consume beef and pork against his will during his detention in Czech custody. He contended that such actions directly violated his religious beliefs.
The petition additionally urged the Indian Embassy in the Czech Republic to offer full cooperation to Gupta while he remains unlawfully detained and incarcerated in the country.
It was mentioned in the plea that Gupta and his family have submitted numerous representations to various Indian government authorities, seeking prompt assistance and intervention.
Also Read: Who is Nikhil Gupta, arrested for planning to kill Khalistani leader Gurpatwant Singh Pannun in US?
“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 current matter. There have been numerous procedural violations threatening the fundamental rights and even the most basic human rights of the Petitioner, and the same,” the plea said.
“Moreover, the petitioner is aggrieved by the blatant negligence and omission of the respondent department in handling the petitioner’s case with the due care and caution needed,” the plea added.
As per the US Justice Department 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. Czech authorities arrested and detained Gupta on June 30, pursuant to the bilateral extradition treaty between the United States and the Czech Republic.
As per the US Justice Department’s assertions in an indictment filed in a federal court in Manhattan, an unnamed Indian government employee recruited an Indian national identified as Nikhil Gupta. Gupta was allegedly hired to engage a hitman for the assassination of Gurpatwant Singh Pannun, a plot that was reportedly thwarted by US authorities.
According to the Justice Department, Gupta is linked to CC-1, an unidentified individual presumed to be orchestrating the alleged conspiracy. Gupta’s involvement in international narcotics and weapons trafficking was reportedly communicated to CC-1. The indictment suggests that CC-1 directed the assassination plot from India.
(With inputs from ANI)
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Published: 04 Jan 2024, 01:56 PM IST
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