Supreme Court Denies Consular Access to Nikhil Gupta

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Accused in US-Indicted Pannun Murder Plot

In a significant ruling, the Supreme Court of India has declined a petition seeking consular access for Nikhil Gupta, an Indian national implicated in a murder plot in the United States. The court emphasized the importance of respecting international law and the jurisdiction of foreign courts in this sensitive matter.

Nikhil Gupta, a businessman based in Delhi, was apprehended in the Czech Republic in 2023. The United States has charged him with conspiring to assassinate Gurpatwant Singh Pannun, a Sikh separatist leader. According to US authorities, Gupta collaborated with a government agent and hired a hitman, who was, in reality, an undercover police officer, to execute the murder plan.

The Supreme Court stated,

“Considering the public international law and comity of courts, we can’t intervene.”

This decision underscores the court’s approach to respect the legal processes of other nations, particularly in cases involving international jurisdictions.

Gupta’s family approached the Supreme Court, alleging irregularities in his arrest and detention. They claimed that Gupta was arrested without a formal warrant and was held in isolation, being forced to consume meat and pork, which goes against his religious beliefs. The family’s petition highlighted the lack of an arrest warrant at the time of detention and expressed concerns over the manner of his apprehension, purportedly by individuals representing US interests.

Gupta’s involvement came to light following a US indictment on November 29, where he was accused of plotting to kill Gurpatwant Singh Pannun. Charged with murder-for-hire, Gupta allegedly agreed to pay $100,000 for the assassination. He was arrested upon his arrival in the Czech Republic, based on a request from the US.

Gurpatwant Singh Pannun, labeled a terrorist in India, is the leader of Sikhs for Justice. A pro-Khalistan lawyer and Canadian-American citizen, Pannun has been active in organizing referendums for a separate Sikh state and has recently issued threats against Air India, advising Sikhs against using the airline.

The Indian government has expressed its intent to thoroughly investigate the serious allegations against Gupta and has constituted a probe panel for the same.

This development in the Nikhil Gupta case highlights the complexities of international law and the challenges faced by individuals caught in cross-border legal disputes. The Supreme Court’s decision not to intervene reflects a respect for the jurisdiction and legal processes of foreign courts, setting a precedent for similar cases in the future.


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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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