In a significant development, the Supreme Court, on Thursday, dismissed a petition filed on behalf of Nikhil Gupta, accused by the United States of conspiring with Khalistani terrorist Gurpatwant Singh Pannun. The court, led by Justices Sanjiv Khanna and Dipankar Datta, deemed the matter “sensitive” and left the decision of intervention to the Central government.
The bench asserted, “It should respect the jurisdiction of the foreign court where the matter is pending,” emphasizing the complexities involved in an international matter.
Gupta’s petition sought consular access, legal aid, and updates on the extradition proceedings in the Czech Republic, where he is presently held in custody awaiting extradition to the United States.
The court’s decision implies that the Central government will have the discretion to decide whether to intervene or not, considering the sensitivity of the case. Gupta, being an Indian citizen, claims the right to seek assistance from his country, contending that consular access has been denied, and he is currently held in solitary confinement.
Responding to Gupta’s plea, Justice Khanna remarked, “It’s a sensitive matter, and let the government decide on this.” The petitioner’s counsel, C Aryama Sundaram, expressed intentions to approach the Centre and requested the court’s direction to consider his representation.
Gupta’s Habeas Corpus petition, submitted to the Supreme Court, revolves around his alleged involvement in a plot to murder Gurpatwant Singh Pannun. Gupta, currently detained in the Czech Republic, asserts that his arrest was marked by irregularities and seeks the court’s intervention to ensure a fair and transparent trial.
As per the US Justice Department’s indictment, Gupta faces charges of murder-for-hire, carrying a maximum sentence of 10 years in prison. The extradition proceedings are based on Gupta’s alleged role in the assassination plot, which, according to US authorities, was thwarted.
The Supreme Court’s decision adds another layer of complexity to the ongoing case, emphasizing the delicate diplomatic intricacies surrounding the matter.
