homeworld NewsFamily of Nikhil Gupta accused of plotting Sikh separatist's murder moves India's top court, seeks his release from Czech prison

Family of Nikhil Gupta accused of plotting Sikh separatist's murder moves India's top court, seeks his release from Czech prison

Claiming that Gupta has spent over 100 days in solitary confinement in grave violation of fundamental rights, the petition alleges that he wasn't shown any arrest warrant at the time of his detention and has been fed beef and pork in violation of his religious beliefs.

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By Abhimanyu Sharma  Dec 15, 2023 3:45:43 PM IST (Published)

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The Supreme Court will hear a habeas corpus petition on January 4, 2024, by Nikhil Gupta's family seeking his release from a Czech prison. Nikhil Gupta is accused of plotting US-based Sikh separatist Gurpatwant Singh Pannun's killing.

The habeas corpus plea urges the Indian government to intervene in his extradition proceedings initiated by the United States, stating that as a law-abiding citizen, there is an apparent and immediate threat to his life.
Claiming that Gupta has spent over 100 days in solitary confinement, which is a grave violation of fundamental rights, the petition alleges that he wasn't shown any arrest warrant at the time of his detention and has been fed beef and pork in violation of his religious beliefs.
The petition adds that Gupta was denied consular access, legal redressal, and the right to contact his family in India. Denying any veracity in the narrative presented in the 2nd unsealed superseding indictment, the petition deems the notion "absurd" that the Indian government will engage Gupta in alleged covert operations on American soil where he has no connections.
Who is Nikhil Gupta?
United States federal prosecutors have brought charges against Nikhil Gupta, an Indian citizen, alleging that he conspired with an Indian government official to plot the assassination of Gurpatwant Singh Pannun.
Pannun, identified as a Khalistani terrorist with American and Canadian citizenship, was targeted on American soil.
Gupta stands accused of attempting to contract a hitman for the task; however, the purported hitman turned out to be an undercover agent of the US federal authorities. At present, Gupta, aged 52, is held in custody in the Czech Republic as he awaits extradition to the United States. If found guilty, he could face a sentence of up to 20 years in prison.
As per the court documents, an Indian government employee, who has not been named and is simply referred to as 'CC-1', was working together with others, including Nikhil Gupta, in India and elsewhere, and had directed a plot to assassinate an "attorney and political activist who is a US citizen of Indian origin residing in New York City” on US soil.
The US Justice Department document describes Gupta as an associate of CC-1. He has described his involvement in international narcotics and weapons trafficking in his communications with CC-1 and others, the statement said.
Further, CC-1 has been described as a ‘Senior Field Officer’ with responsibilities in ‘Security Management’ and ‘Intelligence’.
As per the indictment, CC-1 recruited Gupta in or around May 2023 to orchestrate the assassination.
On CC-1’s direction, Gupta contacted a ‘criminal associate’, who was a confidential source working with US law enforcement.
The source later introduced Gupta to a ‘purported hitman,’ who was also an undercover US law enforcement officer. The indictment states that a deal was reached thereafter.
In June, Gupta was provided with personal details of the target, including his house address in New York City, phone numbers, and details about his day-to-day conduct. He passed on the information to the purported hitman.
The court document also mentions the killing of Hardeep Singh Nijjar in Canada. It states that Nikhil Gupta told the purported hitman that Nijjar “was also the target” and that “we have so many targets.”
India's response
The Ministry of External Affairs (MEA) said last month that it takes inputs on security matters from the US seriously since they impinge on India's national security interests as well.
“As we have informed earlier, during the course of discussions with the US on bilateral security cooperation, the US side shared some inputs pertaining to the nexus between organized criminals, gun runners, terrorists and others. We take such inputs seriously, and a high-level Enquiry Committee has been constituted to look into all the relevant aspects of the matter and necessary follow-up action will be taken based on the findings of the Enquiry Committee. We cannot share any further information on such security matters,”
“As regards the case against an individual that has been filed in a US court, allegedly linking him to an Indian official, this is a matter of concern. We have said, and let me reiterate, that this is also contrary to government policy,” the MEA statement added.
“The nexus between organized crime, trafficking, gunrunning, and extremists at an international level is also a serious issue for law enforcement agencies to consider. It is precisely for this reason that a high-level Enquiry Committee has been constituted. We will obviously be guided by its results,” it said.
“Insofar as Canada is concerned, they have consistently given space to anti-India extremists and violence. That is at the heart of the issue. Our diplomatic representatives have borne the brunt of this. So, we expect the Government of Canada to live up to their obligations under the Vienna Convention on Diplomatic Relations. We have also seen interference in our internal affairs. This is obviously unacceptable,” the MEA said.
MEA spokesperson Arindam Bagchi's remarks came after media reports claimed that the US had thwarted an attempt to kill Gurpatwant Singh Pannun on US soil.

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