Is Nikhil Gupta, arrested for Pannun murder plot in US, being ‘tortured’ in custody?

The family of the man accused of plotting a Sikh separatist’s murder in the United States has claimed he is ‘being tortured’ in custody. The United States has charged Indian citizen Nikhil Gupta with being involved in a plot to kill Sikhs for Justice chief Gurpatwant Singh Pannun. The family of Gupta, who is currently being held in Prague, is claiming that he has been tortured while in custody. Pannun, who holds American and Canadian citizenship, has been designated a terrorist by India. Let’s take a closer look at what they are alleging: ‘Forced to eat pork and beef, detained illegally’ As per Live Law, the allegations have been made in a habeas corpus petition filed before the Supreme Court of India. The petition urges the Indian government to intervene on Gupta’s behalf and free him. The plea said Gupta, 52, was in Czech Republic on a business exploration trip when he was detained illegally on 30 June at Prague airport.

It claims that Gupta is a ‘devout Hindu’ who, against his religious beliefs, was given beef and pork to eat.

NDTV quotes the petition as saying, “Even after authorities were informed, they refused to give him vegetarian food.. was forced to eat food that violates… most basic human rights”. The plaint alleged that Gupta has been denied access to consulates, not been allowed to consult with his lawyers and stopped from talking to his family in India. “… petitioner was told by local authorities in Prague (this would be possible) only after US authorities approve of him making calls,” NDTV quoted the plea as saying. As per Live Law, the plea describes Gupta as a ‘hapless victim’ in the crossfire of an incident which has taken on diplomatic and geo-political dimensions. “Since June 30, 2023, he has been in illegal custody of the Czech authorities, facing an alleged political vendetta between the US and Indian government,” the plea states as per Deccan Herald. As per CNBC, Gupta was only allowed to meet an Indian official nearly three weeks after his ‘illegal detention’ and allowed to get in touch with his family after a ruling from the High Court in Prague. It also claims that Gupta has been in solitary confinement for over 100 days – a serious violation of human rights – and that he wasn’t shown a warrant while being arrested. The petition claims Gupta was “approached by certain individuals who identified themselves to be law enforcement” and was detained outside the Prague airport for no reason. [caption id=“attachment_13485022” align=“alignnone” width=“640”] Supreme Court of India asked the petitioner to approach the ‘concerned court’. Reuters[/caption] “… individuals who claimed to be law enforcement officers forcefully made the petitioner sit in an unidentified black SUV… took his phones… attached a device…” the petition states as per NDTV. The petition also claimed that Gupta was arrested after being cleared by immigration at the airport. “… when (he) had, in fact, exited Vaclav Havel Airport… meaning this round of questioning in the back of an SUV for three hours was absolutely illegal and against the principles of both international and municipal law,” the petition states. “Subsequently, the petitioner was appointed a defence attorney by the Czech authorities who advised the petitioner… to give his consent to be taken to New York,”  the petition further stated. “… this advice was against the best interest of the petitioner and under the undue influence of US agencies who were trying to extradite the petitioner as soon as possible,” it added.

The petition claimed the agents threatened Gupta before handing him over to local authorities.

As per CNBC, the petition also calls the claim that the Indian government would employ Gupta in actions on American soil – where he has no connections – as ‘absurd’. The plea stated, “The circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities.” The plea sought direction from the Supreme Court that the Union of India intervene in extradition proceedings pending before the Extradition Court in Prague, Czech Republic, to ensure that Gupta is guaranteed a fair and transparent trial. The plea also stated that Gupta and his family have sent multiple representations to different Indian government authorities, seeking immediate assistance and intervention. “Despite representations, emails, letters and phone calls both to the Ministry of External Affairs of India and to the Indian Embassy in Prague, Czech Republic, there has been no action or involvement by the Respondent Department in the current matter. There have been numerous procedural violations threatening the fundamental rights and even the most basic human rights of the petitioner, and the same,” the plea said. “Moreover, the petitioner is aggrieved by the blatant negligence and omission of the respondent department in handling the petitioner’s case with the due care and caution needed,” the plea added. “Highlighting an immediate threat to life, the petitioner draws attention to the alleged victim’s notorious status as a declared terrorist in India. Expressing fear for his own life, the petitioner underscores the influence of the US on the Czech authorities, posing a reasonable apprehension about his safety in Czech prison,” the plea said as per Deccan Herald. As per Hindustan Times, the plea says Gupta does not even know if he is being extradited. He needs the assistance of a translator. BBC quoted another lawyer representing Gupta’s family Rohini Musa as saying, “The extradition order has been passed against him. But the copy of the order has not been furnished to us.” “There are reports that he has already been extradited. We have not been able to get any information from him and his whereabouts.” ‘Extremely sensitive matter’ As per Live Law, the bench of justices Sanjiv Khanna and SVN Bhatti did not seem inclined to take up the petition.

They instead urged the petitioner to approach the “concerned court” for relief.

“You have to go before the court, which is outside India. Go over there. We are not going to have an adjudication over here. The person detained has not given the affidavit. If there is a violation of any law, etc., you have to go to court over there,” Justice Khanna said. “This is an extremely sensitive matter for any Ministry to come in. It’s for them to decide…If there’s any violation of any law or anything, you’ll have to go to the court concerned…” Justice Khanna was quoted as saying by Live Law. The apex court then deferred the hearing to 4 January, 2024. When the bench inquired about who filed the plea, Senior advocate CA Sundaram said that the plea had been filed by a family member of Nikhil Gupta. Justice Khanna said that the bench hadn’t had the time to read the case file as it was received late and adjourned the hearing. Sundaram requested an in-chamber hearing on the next date of hearing. Justice Khanna said that the request would be considered at the next hearing. “We will have this on January 4, after vacations. We will decide the next date. Serve copy to the central agency,” the bench ordered. As per the US Justice Department indictment, Gupta has been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison. Czech authorities arrested and detained Gupta on 30 June pursuant to the bilateral extradition treaty between the United States and the Czech Republic. The US Justice Department had claimed that an Indian government employee, who was not identified in the indictment filed in a federal court in Manhattan, recruited Gupta to hire a hitman to allegedly carry out the assassination of Pannun, which was foiled by US authorities. The US Justice Department claimed that Gupta is an associate of CC-1 (an unidentified person who directed the alleged plot), and has described his involvement in international narcotics and weapons trafficking in his communications with CC-1.

The indictment claims CC -1 directed the assassination plot from India.

The US Justice Department claimed that in or about May 2023, CC-1 recruited Gupta to orchestrate the assassination of the activist in the United States. At CC-1’s direction, Gupta contacted an individual whom he believed to be a criminal associate, but who was in fact a confidential source working with the DEA. The source, it is alleged, introduced Gupta to a purported hitman, who was a DEA undercover officer. The Ministry of External Affairs (MEA) has said that the case is a ‘matter of concern’. Spokesperson Arindam Bagchi said, “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 that this is also contrary to government policy.” “The nexus between organised crime, trafficking, gunrunning and extremists at an international level is a serious issue for the law enforcement agencies and organisations to consider and it is for that reason that a high-level inquiry committee has been constituted and we will be guided by its results,” Bagchi added. The Gupta case came on the heels of Canada accusing India of having a hand in the killing of Khalistani terrorist Hardeep Singh Nijjar in Canada’s Surrey. Nijjar was shot dead outside Gurdwara in Canada’s Surrey on 18 June. India had rejected the allegations and called them “absurd and motivated” and expelled a Canadian diplomat in a tit-for-tat move after Ottawa asked a senior Indian diplomat to leave. With inputs from agencies