New Delhi : The Supreme Court Friday adjourned to January 4 a habeas corpus petition filed by the next of friend of Nikhil Gupta, who was arrested in the Czech Republic in June on suspicion of hatching an international assassination plot against Sikh separatist Gurpatwant Singh Pannun.
A bench comprising justices Sanjiv Khanna and S V N Bhatti Khanna said this is an extremely sensitive matter for any ministry to come in and it is for them to decide. “You have gone to high court and got certain papers and documents….”, the bench told senior advocate C A Sundaram, representing next friend of Nikhil Gupta.
Sundaram urged the court to consider the matter in chambers? He said that he is making this suggestion as a counsel, not as a party. Justice Khanna said, “We'll see on the next date….”.
The plea was filed in the Supreme Court on behalf of Nikhil Gupta seeking the intervention of the Indian government to release him from prison in the Czech Republic. The plea said the petitioner urgently moved the apex court seeking relief in a matter fraught with complexities.
The plea contended that the genesis of the petitioner's predicament dates back to June 30, 2023, when he was illegally detained at Prague Airport in the Czech Republic. “From the outset, the petitioner contends that the circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed U.S. agents rather than local Czech authorities”, said the plea.
The plea contended that emphasizing the political nature of the case, the petitioner highlights the second unsealed superseding indictment dated November 29, 2023. “The document, emanating from the United States District Court, Southern District, New York, shifts the narrative away from the petitioner and implicates an alleged Indian government employee, referred to as "CC-1." According to the petitioner, this marks a significant departure from the initial charges and transforms the case into a diplomatic and political quagmire between India and the United States. The petitioner positions himself as a hapless victim caught in the crossfire, urging the court's intervention to navigate this intricate web of international relations and secure his rights”, said the plea.
The petitioner contended that he has no roots in the United States and questions the veracity of the narrative presented in the second unsealed superseding indictment. “He underscores the absurdity of the notion that the Indian government would engage him in alleged covert operations and assassinations on U.S. soil when he has no connections or business in the country”, said the plea.
“The petitioner contends that since June 30, 2023, he has been in illegal custody of the Czech authorities, facing an alleged political vendetta between the U.S. and Indian governments. He argues that the extradition proceedings initiated in Prague have been marred by procedural failures, highlighting the absence of an arrest warrant, lack of fair representation, and denial of basic rights, rendering the trial anything but fair”, said the plea.
“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 U.S. on the Czech authorities, posing a reasonable apprehension about his safety in Czech prison”, said the plea.
The petitioner sought a direction in the nature of a habeas corpus and to the respondent no. 1 (Ministry of External Affairs), respondent no. 2 ( Ministry of Home Affairs)and respondent no. 3 (Embassy of India at Czech Republic) to immediately trace and produce him, as he is currently in detention/ custody at Pankarac prison in Prague, Czech Republic.
The plea also sought a direction respondent nos. 1 and 2 to intervene in the extradition proceedings pending before Extradition Court in Prague, Czech Republic to ensure that the Petitioner is guaranteed a fair and transparent trial.
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