Czech Republic's top court halts extradition of Indian national accused of plotting Pannun's murder in US

The Czech Republic’s top court has intervened to pause the extradition of Indian national Nikhil Gupta to the United States, where he faces charges for plotting the assassination of Khalistan separatist Gurpatwant Singh Pannun.

According to a report, the Constitutional Court in Prague issued an interim decision on January 30, 2024, stating that extraditing Gupta would cause him disproportionate harm, and the action would be irreversible.

The court’s decision suspends the lower courts’ rulings that approved the US’s extradition request. Gupta had challenged these decisions from the Municipal Court and the High Court in Prague, arguing that they failed to properly assess the political nature of the alleged crime.

Markéta Andrová, spokesperson for the Czech Ministry of Justice, was quoted in an Indian Express report explaining that the interim decision prevents the Justice Minister from making a final decision on extradition until the Constitutional Court resolves Gupta’s complaint.

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The timeframe for the Constitutional Court’s verdict remains uncertain, with Andrová highlighting that it varies based on case complexity and court workload.

Under the extradition treaty between the US and Czech Republic, Gupta, accused of acting on behalf of an Indian official, faces extradition to the US. He was detained by Czech authorities following a request from the US government after arriving in Prague in June last year.

US prosecutors allege Gupta attempted to hire a hitman to kill Pannun, designated as a terrorist in India.

Gupta has also raised allegations of human rights violations by Czech authorities during his custody, a matter the Constitutional Court will address.

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Previously, the US shared information with India regarding the foiled assassination attempt, prompting calls for an investigation into the alleged involvement of an Indian official, identified as CC1 in the indictment.

While The Washington Post recently reported on a former Indian intelligence officer’s alleged role, the Ministry of External Affairs dismissed the claims as “unwarranted and unsubstantiated.”