Gurpatwant Pannun murder plot accused Nikhil Gupta's family moves Supreme Court, seeks Indian govt's intervention to secure his release
Satya Prakash
New Delhi, December 15
The family of Nikhil Gupta — an Indian national accused of plotting to assassinate US-based Sikh separatist Gurpatwant Singh Pannun and currently detained in the Czech Republic — has moved the Supreme Court seeking the Government of India’s intervention to secure his release.
“We will have this on January 4 after vacations. We will decide on the next date. Serve a copy to the central agency (Central government),” a Bench led by Justice Sanjiv Khanna told senior counsel Aryama Sundaram after he pressed for a direction to the Central government on behalf of the petitioner.
During the brief hearing on the habeas corpus petition filed on behalf of Gupta by his family, the Bench said the petitioner would have to move a court in the Czech Republic where Gupta was detained.
“You have to go before the court which is outside India. Go over there. We are not going to have an adjudication over here. The person detained has not given the affidavit. If there is violation of any law etc, you have to go to the court concerned over there,” the Bench noted.
The US prosecutors have charged Gupta with working with an Indian government employee in the alleged foiled attempt to kill Pannun – who holds dual citizenship of the US and Canada — in the US.
Sundaram said it was the second such indictment on behalf of the US and that Gupta had been caught in the crossfire.
Gupta – who was in the Czech Republic on a leisure/business exploration trip — was illegally detained at the Prague Airport on June 30, the petition alleged. At the time of exiting the airport, Gupta was approached by certain individuals who identified themselves as law enforcement officials and detained him without assigning any reason, it added.
“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 submitted.
“The petitioner asserts that the subsequent events, spanning over 100 days of solitary confinement, have given rise to grave violations of his fundamental rights,” the petition alleged.
It alleged that Gupta was not shown any arrest warrant during the initial detention. Instead, he found himself in the custody of individuals purporting to represent US interests.
“The petitioner, a devout Hindu and vegetarian, claims that he was subjected to forced consumption of beef and pork during his detention in Czech custody, a direct violation of his religious beliefs. Moreover, he alleges that he was denied consular access, the right to contact his family in India, and the freedom to seek legal representation,” the petition submitted.
