The Supreme Court of India is set to deliberate on a habeas corpus petition filed on behalf of Nikhil Gupta, an Indian national embroiled in a complex international legal case. Gupta, accused by the United States of plotting to assassinate Sikh separatist Gurpatwant Singh Pannun, is currently detained in the Czech Republic. The hearing, scheduled for January 4, has garnered significant attention due to the intricate nature of the allegations and the international implications of the case.
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The petition, seeking the Indian government’s intervention for Gupta’s release from Pankarac prison in Prague, sheds light on disturbing allegations about his treatment in custody. It claims that Gupta was
“subjected to forced consumption of beef and pork during his detention in Czech custody.”
This act, if true, is a severe violation of his religious beliefs and rights. The petitioner also asserts that Gupta was denied essential rights, including consular access, the ability to contact his family in India, and the freedom to seek legal representation.
The case against Gupta gained momentum following the announcement by US law enforcement authorities of “murder-for-hire” charges. The chargesheet revealed that Gupta, aged 52, was allegedly directed by an Indian government official, referred to only as CC-1, in what was described as a “foiled plot to assassinate” Pannun in New York City. Notably, Pannun himself was not named in the indictment.
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Responding to the US charges, India’s External Affairs Ministry, through Minister Arindam Bagchi, expressed deep concern. Bagchi stated,
“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 contrary to government policy.”
The plea in the Supreme Court highlights the urgency and complexity of Gupta’s situation. It seeks directions from the apex court to the Ministry of External Affairs, the Ministry of Home Affairs, and the Embassy of India in the Czech Republic to trace and produce Gupta. Additionally, it calls for the Centre’s involvement in the extradition proceedings pending before the Extradition Court in Prague to ensure a fair and transparent trial.
The origins of Gupta’s predicament trace back to June 30, 2023, when he was allegedly “illegally” detained at Prague Airport. The plea contends that his solitary confinement is a grave violation of his fundamental rights, adding a layer of human rights concerns to the legal and diplomatic complexities of the case.
As the Supreme Court prepares to hear this case, it brings into sharp focus the challenging interplay of international law, diplomatic relations, and individual rights. The outcome of this hearing could have significant implications for India’s international standing and its citizens’ rights abroad, making it a closely watched event both domestically and internationally.
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