4 Jan 2024 6:06 AM GMT
The Supreme Court on Thursday (January 4) refused to entertain a habeas corpus petition filed on behalf of Indian citizen Nikhil Gupta, who is detained in the Czech Republic in connection with the plot to assassinate Khalistani separatist Gurpatwant Sigh Pannun in the United States of America.
Terming it a sensitive issue involving international law, a bench comprising Justices Sanjiv Khanna and Dipankar Datta declined to intervene. However, accepting the request of the petitioner to treat the petition as a representation to the Government of India, the bench said that it is for the Union Government to decide whether to intervene in the matter or not.
The petition was filed by a family member of Gupta under Article 32 of the Constitution, alleging that his arrest was marked by irregularities, including the absence of a formal arrest warrant. He has also asserted violations of his fundamental rights during over 100 days of solitary confinement, including denial of consular access, the right to contact his family in India, and the freedom to seek legal representation. Claiming to be a devout Hindu and a vegetarian, the petitioner has claimed that he was forced to eat beef and pork in Czech custody, in a direct violation of his religious beliefs.
On the last occasion, Senior Advocate CA Sundaram, assisted by Advocate-on-Record Rohini Musa, appearing for the petitioner, urged the court to direct Gupta to be provided adequate consular assistance from the Indian Embassy in the Czech Republic as a citizen of India. The senior counsel said that was the only relief he was pressing for.
The bench, however, had expressed its disinclination to interfere, saying that it was for the ministry to decide the extent of their involvement. Justice Khanna also told the senior counsel that the petitioner would have to go to the court concerned to ventilate his grievances regarding any violation of law. Despite this, the bench agreed to adjourn the hearing until after the winter vacation, as suggested by Sundaram after Justice Khanna admitted that he had not had the time to read the file in detail.
What did the plea state?
On November 29, 2023, 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.
Positioning himself as a victim caught in a diplomatic and political quagmire between India and the United States, Gupta has sought the court's urgent intervention. Raising concerns about an immediate threat to his life with reference to Pannun's status as a declared terrorist in India, Gupta has urged the court to issue directions to the home affairs and external affairs ministries of the union government and the Indian embassy at the Czech Republic to immediately trace and produce him. Not only this, but directives have also been sought instructing the union government to intervene in the extradition proceedings before a Prague extradition court to ensure that Gupta is guaranteed a fair and transparent trial, and the embassy to extend all cooperation to him. In a unique request, Gupta has also sought the appointment of legal counsel in both the Czech Republic and the United States, with a specific plea for an Indian advocate to represent him, citing language barriers.
Case Details
Mr X v. Union of India & Ors. | Writ Petition (Criminal) No. 666 of 2023