The United States government has raised objections to a motion filed by Nikhil Gupta, an Bharat national accused of conspiring to kill Khalistani terrorist Gurpatwant Singh Pannun. Gupta’s legal team in the US had sought proof of the charges against him, but the US government stated that it would only provide the information when Gupta appears in a New York City court, where he is to be arraigned. Currently, Gupta is held in a Czech Republic prison pending extradition.
Gupta’s lawyers had filed a ‘Motion to Compel Production of Discovery’ in a New York court, requesting federal prosecutors to provide materials relevant to their ability to defend the charges. In response, the US government argued that it would produce discovery promptly upon Gupta’s appearance in the New York court. The government contended that Gupta is not entitled to receive discovery before his court appearance and that withholding such material aligns with federal rules of criminal procedure.
Earlier, Gupta’s lawyers emphasized that their client had received no evidence or documentation beyond the indictment itself. They argued that Gupta is undergoing repeated interrogations by US officials in Prague without the presence of counsel. The defense counsel in Prague had no evidence other than the indictment, leading Gupta’s lawyers to request the court to order the government to comply with the discovery request.
Nikhil Gupta, aged 52, is accused of conspiring with an unnamed Indian government employee to hire an undercover US federal agent to kill Gurpatwant Singh Pannun. The alleged motive involves the dropping of a criminal case against Gupta in Gujarat. If convicted, Gupta faces dual 10-year jail terms for murder-for-hire and conspiracy to commit murder-for-hire charges. While a Prague court has approved an initial extradition request, several layers of judicial review remain before a final extradition order is issued.
In a separate legal move, Gupta approached the Supreme Court in India, citing human rights violations, including the forced consumption of beef and pork, which he found offensive as a devout Hindu and vegetarian. However, the petition was dismissed by the Supreme Court, acknowledging the matter’s sensitivity and international implications. The court emphasized the need to respect the sovereignty of courts in other nations.
Last month, Prime Minister Narendra Modi made his first public comment on the case, stating that India is ready to look into the matter if a citizen has done anything, whether good or bad. He expressed that Bharat-US ties should not be derailed over a few incidents. The External Affairs Ministry of Bharat, in its formal response to the charges against Gupta, stated that Bharat takes such inputs seriously, and relevant departments are already examining the issue.
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