INDIA's top court has directed the family of the man accused of plotting to kill Sikh separatist Gurpatwant Singh Pannun to seek relief in a Czech court regarding allegations of religious and human rights violations.
Nikhil Gupta, 52, was arrested in Prague in June and is currently in Czech custody, awaiting extradition to the US. He was accused by the US of involvement in a failed plot to kill Pannun in New York.
The Supreme Court on Friday (15) denied immediate relief and directed the petitioner, a family member known as Mr X, to submit a copy to the government before scheduling the next hearing for January 4.
Gupta's petition urged the top court to compel India to intervene, arguing that Gupta's detention was "illegal" and expressed concerns about his safety as a "law-abiding citizen."
Acknowledging the sensitivity of the matter for the ministry of external affairs, the court, led by Justice Sanjiv Khanna, emphasised that the Supreme Court of India lacked jurisdiction over arrests made in another country.
Justice Khanna directed the petitioner to approach the court outside India, recognising the complex nature of the situation.
The family urged the court to direct the Indian government to provide consular assistance to ensure a fair extradition hearing in Prague.
India, expressing concern over the involvement of one of its officials in the plot, has dissociated itself from the accusations and pledged to conduct its own investigation.
The case adds a layer of complexity to the delicate relationship between prime minister Narendra Modi's government and the Biden administration, as both nations seek closer ties amid shared concerns about an assertive China.
This development follows Canada's claim of "credible" allegations linking Indian agents to the June murder of Sikh separatist leader Hardeep Singh Nijjar in Vancouver, a charge India rejects.
Meanwhile, the Czech Republic's Ministry of Justice confirmed Gupta's detention and the US extradition request for conspiracy to commit "murder for hire."
While the Municipal Court in Prague ruled the extradition admissible, the decision is not yet legally binding.
In a parallel development, the US Department of Justice has charged Gupta with conspiring with an Indian government official, referred to as "CC-1," to assassinate the Sikh separatist on American soil. Gupta, accused of attempting to hire a hitman, faces up to 20 years in prison, if convicted.
Gupta's family alleges multiple violations of fundamental rights and seeks the India's intervention in his extradition.
His petition also requests the appointment of an Indian advocate to represent him in the Czech Republic and the US.
In November, US prosecutors charged Gupta with a plot to kill at least four Sikh separatists, with allegations of paying $100,000 in cash to an undercover federal agent posing as a hitman.
(with inputs from agencies)
