Apex court rejects plea of Indian man detained in Czech republic for thwarted attempt to kill Sikh separatist

The family of Indian national Nikhil Gupta, who is being held in a Czech prison after the US brought charges against him for allegedly attempting to kill Sikh separatist Gurpatwant Singh Pannun, lost their appeal for consular access to the court on Thursday. “There isn’t much that can be done”, a bench of Justices Sanjiv Khanna and Dipankar Datta stated. “As per the Vienna Convention, you are eligible for consular access, which you have already obtained,” it said. Senior advocate CA Sundaram, speaking on behalf of Gupta’s family, was informed by the bench that this court cannot consider the merits of the case because it must respect the foreign court’s jurisdiction, sovereignty, and domestic legal system. We will not allow you to speak anything about the foreign court, the bench told Sundaram, when he tried to submit that Gupta has been placed under solitary confinement and was not granted any consular access post his indictment. Sundaram said it is purely a human rights issue and he has sought assistance from the Indian embassy and Ministry of External Affairs, which he has not got. I am an Indian national, I have not received any assistance to enable me to defend myself in a foreign country. Consular access does not mean that a person once comes and meets you and then it is done and dusted, Sundaram said. The bench said looking at the prayer of Gupta in the writ petition, it cannot do much. When Sundaram sought direction to the Union of India for looking into his representation, the bench said it is for the government of India to consider it and it cannot pass any such orders. The bench noted that on September 17, 2023, Gupta has received consular access in the matter and he has also moved the Delhi High Court, where certain orders have been passed. On December 15, last year, the top court had deferred the hearing on a habeas corpus plea moved by a family member of Gupta. Gupta was arrested in the Czech Republic on June 30. He has alleged grave human rights violations in solitary confinement, including being forced to consume beef and pork. He has also alleged that he was denied consular access, the right to contact his family in India and the freedom to seek legal representation. On November 29, last year, Gupta was charged by federal prosecutors in the United States in connection with his alleged participation in a foiled plot to assassinate Pannun on American soil. The 52-year-old was charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which carries a maximum sentence of a 10-year jail term. US authorities had said Gupta allegedly agreed to pay an assassin USD 100,000 to kill the Sikh separatist leader living in New York City. The prosecutors had said Czech authorities arrested and detained Gupta on June 30, pursuant to the bilateral extradition treaty between the US and the Czech Republic. Gupta was arrested in the Czech Republic at the request of the US in connection with his alleged participation in the plot to kill Pannun. (With inputs from PTI)