PIL in Apex Court Seeking Consular Assistance to Nikhil Gupta Detained in Prague For Plot to Kill Khalistani Separatist Pannun
(Judicial Quest News Network)
New Delhi: A PIL has been filed in Apex Court by Nikhil Gupta, the Indian Citizen detained in Prague, accused by the US of conspiring to assassinate Khalistani Sepratist Gurupatwant Singh Pannun, asking Indian Government’s intervention regarding his detention.
The Apex Court on Friday, (December 15), posted this Habeas Corpus petition to January, 4, 2023.
A division bench comprising of Justices Sanjiv Khanna and S.V. Bhatti at first stated unwillingness to entertain the petition, perceiving that the detenu has to approach the “Concerned Court” for relief.
The Senior Advocate C A Sundaram, appearing for the petitioner, said that he is only demanding for relief for suitable consular assistance as he is an Indian Citizen.
Nikhil Gupta is currently is in prison in Czech Republic while awaiting extradition to US in connection with the case there for allegedly involved in a foiled plot to kill Pannun.
The bench said that it is an extremely sensitive matter for the Ministry of External Affairs. It’s for them to decide… Justice Khanna said.
“if there is any violation of any law or anything, you will have to go to the concerned court.
Justice Khanna said that the bench has no sufficient time to read the petition in detail, since it was received late.
CA Sundaram requested that the matter be posted after the winter vacation and further he suggested that allow him an in-chamber hearing. Justice Khanna Said that the request would be considered at the next hearing.
The plea said that Gupta, 52, was in Czech Republic on a business exploration trip when he was illegally detained on June 30at Prague Airport and remained in solitary confinement.
ON November, 29, the Department of Justice, United States of America alleged that Nikhil Gupta, in association with an official of the Government of India, had plotted the assassination of Pannun a US citizen on US soil.
The petitioner contended that he was forced to eat the beef and pork during his detention in Czech despites being a devour-Hindu and vegetarian. This is a direct violation of his religious beliefs, he said in the plea. He also claimed that he was denied consular access, the right to contact his family in India, and the freedom to seek legal representation.
“The petitioner seeks the appointment of legal counsel in both countries- Czech Republic and the US. He specifically requests the court to appoint an Indian Advocate to represent him, underscoring language barrier and the lack of adequate representation during the extradition trial in Prague.
He depicted himself as a hapless victim in the crossfire in a case which has now assumed diplomatic and geo-political dimensions.
He invoked Article 12 and 14 of the of the Universal declaration of Human Rights, which guarantees protection against arbitrary detention and political persecution.
He also placed reliance on the fundamental rights under Article 14, 19 and 21 of the Constitution of India.
The petition was filed through AOR Rohini Musa. Advocates Nipun Katyal, Archit Jain, Dhananjai Shekawat, Anam Siddiqui and Kimat Chauhan also represented the petitioner.
