Gurpatwant Singh Pannun murder plot case: Supreme Court turns down plea for consular access to Nikhil Gupta

The Supreme Court of India has turned down a plea from the family of Nikhil Gupta, an Indian national, seeking consular access and legal assistance to contest his indictment and extradition in a case filed by the US authorities. Gupta is accused of planning the murder of Khalistani terrorist Gurpatwant Singh Pannun in the United States. 

The apex court stated that the case is sensitive and the jurisdiction of the foreign court should be respected. Gupta, aged 52, was arrested in the Czech Republic in June 2023 as per the request of the US authorities and is currently held in solitary confinement in the Czech Republic. His family has alleged that he was denied consular access, the right to connect with his family in India, and the opportunity to seek legal representation. They had hoped for the Supreme Court's intervention in the case.

Justice Sanjeev Khanna, in response to a submission by Nikhil Gupta's counsel, C Aryama Sundaram, stated that all aspects of the matter in question are covered by the Vienna Convention. He pointed out that consular access had already been granted twice. Sundaram argued that the petitioner has a right to seek his country's assistance. 

However, Justice Khanna clarified that this applies when the individual is within their jurisdiction, and suggested that the government should make the decision on this sensitive matter. The Supreme Court bench, which also included Justice Dipankar Dutta, stated that they could not interfere in the case. They noted that the petitioners had already approached the Delhi High court and orders had been passed, with no further orders required.

Justice Khanna has confirmed that the court is following the Vienna Convention and has assigned the central government to take the necessary steps in the case. On December 22, the spokesperson for the Czech justice ministry declared that India's judicial authorities hold 'no jurisdiction' in the case involving Gupta. 

The spokesperson, Valadirmir Repka, clarified that 'any judicial authorities of the Republic of India have no jurisdiction in the matter in question, the case is under the jurisdiction of the competent authorities of the Czech Republic.'

Nikhil Gupta, a suspect in the failed murder plot, was officially charged by the US Justice Department in November 2023. US authorities stated that Gupta had consented to disburse $100,000 for an assassin's services and had already forwarded an advance payment of $15,000 in June the previous year. It was later revealed that the person he contacted for the job was actually a confidential informant for US law enforcement. Reports indicate that US officials are now pursuing Gupta's extradition from the Czech Republic.

Also read: Khalistani row: Nikhil Gupta, charged in plot to kill Pannun, approaches SC to intervene against extradition

Also read: US wants to extradite Nikhil Gupta charged in plot to kill Gurpatwant Singh Pannun: Czech official