15 Dec 2023 7:35 AM GMT
A habeas corpus petition has been filed in the Supreme Court on behalf of Nikhil Gupta, accused by the United States of America of conspiring to assassinate Khalistani separatist Gurpatwant Singh Pannun, seeking the intervention of the Government of India regarding his detention in the Czech Republic. It is alleged in the petition that his detention in a foreign country, at the instance of the United States of America, is illegal.
The Supreme Court on Friday (December 15) posted the petition to January 4, 2024. The bench comprising Justices Sanjiv Khanna and SVN Bhatti initially expressed disinclination to entertain the petition, observing that the detenu has to approach the "concerned court" for relief.
Senior Advocate CA Sundaram, appearing for the petitioner, stated that he is only pressing the relief for adequate consular assistance. "This is an extremely sensitive matter for any Ministry to come in. It's for them to decide..." Justice Khanna said.
"If there's any violation of any law or anything, you'll have to go to the court concerned..." Justice Khanna added. While agreeing to this proposition, Sundaram said that he is only pressing for relief regarding proper consular assistance from the Indian Embassy in the Czech Republic as a citizen of India. He clarified that the habeas corpus petition has been filed by a family member as the 'next friend' of the detenu.
Justice Khanna said that the bench has not had the time to read the file in detail, since it was received late. Sundaram suggested that the matter be posted after the winter vacation. He also requested for an in-chamber hearing. Justice Khanna said that the request would be considered at the next hearing.
On November 29, the Department of Justice, United States of America, alleged that Nikhil Gupta, in association with an official of the Government of India, had plotted the assassination of Pannun (a US citizen) on US soil. The US DoJ revealed that Czech authorities had arrested and detained Gupta on June 30, 2023 pursuant to the bilateral extradition treaty between the United States and the Czech Republic.
In the habeas petition, it is alleged that the detention of Gupta in the Czech Republic is illegal, as there was no formal arrest and that the detention was at the instance of certain US agents. Claiming to be a devout Hindu and vegetarian, the petitioner alleged that he was subjected to forced consumption of beef and pork during his detention in Czech custody, a direct violation of his religious beliefs. Moreover, he alleged that he was denied consular access, the right to contact his family in India, and the freedom to seek legal representation.
He depicted himself as a 'hapless victim' caught in the crossfire in a case which has now assumed diplomatic and geo-political dimensions.
He invoked Articles 12 and 14 of the Universal Declaration of Human Rights, which guarantee protection against arbitrary detention and political persecution. He also placed reliance on the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India.
The petition sought directions to the Ministry of External Affairs, the Ministry of Home Affairs of the Government of India, and the Indian Embassy in the Czech Republic to immediately trace and produce the petitioner.
Direction was also sought to the Union Government to intervene in the extradition proceedings pending before the Extradition Court in Prague, Czech Republic to ensure that the Petitioner is guaranteed a fair and transparent trial.
A further direction was sought to the Indian Embassy in the Czech Republic to extend all cooperation to the Petitioner pending his illegal detention and incarceration in Czech Republic.
The petition was filed through Advocate-on-Record Rohini Musa. Advocates Nipun Katyal, Archit Jain, Dhananjai Shekhawat, Anam Siddiqui and Kismat Chauhan also represented the petitioners.
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