The Supreme Court of India has declined a plea made by the family members of Indian national Nikhil Gupta to intervene in his detention in the Czech Republic. Gupta stands accused by US authorities of being involved in a plot to assassinate US-based Khalistan separatist Gurpatwant Singh Pannun, who is designated as a terrorist under the Unlawful Activities (Prevention) Act (UAPA).
Gupta, currently held in a prison in Prague, was arrested in June of the previous year, and the Czech courts are considering his extradition as requested by the United States.
Presiding over a two-judge bench, Justice Sanjiv Khanna emphasized the sensitivity of the matter, highlighting that it is ultimately the government’s responsibility to take action. Justice Khanna stated, “This is a sensitive matter for the government also. It has its own ramifications. We will not, in this court, make any statement. It is for the government to do what they want.”
The bench, which also included Justice Dipankar Datta, issued an order stating, “We have examined the prayers made in the present writ petition. Keeping in view the principles of public international law and sovereignty and comity of courts, we don’t think any of the prayers can be granted.”
Following the court’s decision, Randhir Jaiswal, spokesperson for the Ministry of External Affairs, explained that they are yet to review the formal order and will determine the next steps accordingly. Jaiswal also mentioned that a high-level probe committee was established in November of the previous year to address security concerns raised by the US regarding the alleged plot to assassinate Pannun on American soil. Regarding the status of the probe, Jaiswal stated, “The high-level committee has been constituted and will look into all the issues that were highlighted. Once they come up with the findings, more details will be shared.”
The plea submitted by Gupta’s family, represented by Advocate Rohini Musa, described him as a law-abiding citizen with a humble background who is “seeking relief in a matter fraught with complexities.” According to the plea, Gupta’s predicament began on June 30, 2023, when he was allegedly illegally detained at Prague Airport in the Czech Republic. The circumstances surrounding his arrest were characterized by irregularities, including the absence of a formal arrest warrant and the involvement of self-claimed US agents rather than local Czech authorities.
The plea also argued that Gupta is a “hapless victim caught in the diplomatic crossfire” between India and the US.
While taking up the plea, Justice Khanna stated, “I don’t think we can grant you any relief. Consular access is the only thing he is entitled to, and he has already received that.” However, Senior Advocate C A Sundaram, representing Gupta, pointed out that consular access had only been granted once, approximately three months ago, and since then, an indictment and an extradition order had been issued. Sundaram emphasized that Gupta is now in solitary confinement.
The bench emphasized that the issue falls within the realm of public international law, respecting the sovereignty and jurisdiction of other courts. The bench clarified that under the Vienna Convention, the only entitlement is consular access, and if that is denied or deemed unacceptable, authorities can be approached.
Sundaram, on behalf of Gupta, stressed the need for cooperation from Indian authorities to enable him to defend himself. Justice Khanna concluded, “This is a sensitive matter. Whether they (the government) want to deal with it or not, it is for them to decide,” emphasizing that consular access had been provided.
