Pannun murder plot: Supreme Court rejects plea of accused Nikhil Gupta’s family for Centre’s intervention to secure his release
Satya Prakash
New Delhi, January 4
The Supreme Court on Thursday turned down a petition filed by the family of Nikhil Gupta — an Indian national detained in the Czech Republic for allegedly plotting to kill US-based Sikh separatist Gurpatwant Singh Pannun — seeking the Government of India’s intervention to secure his release.
“There is nothing much we can do. You are entitled for consular access under the Vienna convention, which you have already got,” a Bench led by Justice Sanjiv Khanna told senior advocate CA Sundaram, who represented the Gupta family.
“We will not allow you to speak anything about the foreign court,” the Bench told Sundaram after he said that Gupta had been placed under solitary confinement and was not granted any consular access.
The Bench pointed out that on September 17, 2023 Gupta received consular access.
“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’s done and dusted,” Sundaram submitted.
As Sundaram sought a direction to the centre to look into his representation, the Bench said it was for the Government of India to consider it and that it cannot pass any such orders.
The US prosecutors have charged Gupta for working with an Indian government employee in the alleged foiled attempt to kill Pannun – who holds dual citizenship of the US and Canada — on the US soil.
Terming the linking of an Indian official with the alleged ‘foiled’ plot to kill Pannun as a “matter of concern”, New Delhi has set up a team to probe the US allegations.
Gupta – who was in the Czech Republic on a leisure/business exploration trip — was illegally detained at the Prague Airport on June 30 last year, 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 petitioner had sought a direction to the Ministry of External Affairs, the Ministry of Home Affairs and Embassy of India in Czech Republic to immediately trace and produce him, as he was currently in detention at Pankarac Prison, Prague.
Alleging that Gupta was denied consular access i.e. the right to contact his family in India and the freedom to seek legal representation, the petition demanded that the Centre should be directed to intervene in the extradition proceedings pending before Extradition Court in Prague to ensure he got a fair and transparent trial.
“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, 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 contended.
