Pannun case: Czech court stays extradition of accused Indian Nikhil Gupta
Czech's highest court stays Gupta's extradition to the US saying there will be no 'significant harm to public interest' if his extradition is delayed
In a key development, the highest court of the Czech Republic has reversed the lower courts’ decisions in Indian national Nikhil Gupta's case and stayed his extradition to the US.
The court did this saying that there will no “significant harm to public interest” if Gupta’s extradition is delayed. The 52-year-old Nikhil Gupta has been indicted by the United States for plotting to kill Khalistan separatist Gurpatwant Singh Pannun and is currently in a jail in Prague. He was arrested when he arrived in Prague on June 30, 2023 at the request of the US government.
No fixed timeframe
Moreover, Markéta Andrová, a Czech ministry of justice spokesperson told The Indian Express that the ministry cannot decide on extradition or refusal until the Constitutional Court decides on the "merits of the complaint filed by Nikhil Gupta”.
The ministry representative also said there is “no fixed timeframe” on when the Constitutional Court will give its verdict on the merit of the extradition, added the news report.
On January 19, 2024, Gupta had challenged the decisions of the municipal court and the high Court in Prague, which had ruled positively for US’s request for his extradition. Gupta’s lawyer reportedly argued that the municipal court and the high court had not properly assessed the political nature of the act.
Irreversible action
In an “interim decision” on January 30, 2024, the Constitutional Court in Prague had observed that Gupta’s extradition to the US for criminal prosecution would cause him "disproportionately greater harm" than to anyone else and it will be an "irreversible" action.
Moreover, suspending the extradition meant that the Constitutional Court needed more time to acquaint itself with the matter.
Extradition treaty
The US and Czech Republic have an extradition treaty, which the US is tapping into to fly out Gupta to the US. The US prosecutors have charged Gupta with attempting to kill Pannun, and accused him of allegedly acting at the behest of an Indian official in plotting the murder.
A foiled assassination bid
Pannun is a US and Canadian citizen designated as a terrorist under the Unlawful Activities (Prevention) Act in India.
Last year, the US had shared information with the Indian government about the foiled assassination bid, also asking it to investigate the alleged involvement of the Indian official.
While the identity of the Indian official, referred to as CC1 in the indictment, has been kept under wraps, a report in The Washington Post alleged that a former Indian intelligence officer plotted to kill Pannun on American soil.
The Indian ministry of external affairs had called the report “unwarranted and unsubstantiated”.
Reacting to the US Justice Department's indictment in November 2023, the MEA said a case filed against an individual in a US court and allegedly linking him to an Indian official is a "matter of concern" and is contrary to government policy.
India has also set up a high-level committee to probe the matter.
US waiting for Indian probe results
On Monday (May 6), the United States said it is waiting to see the results of the Indian investigations on allegations related to a plot to assassinate Khalistani terrorist Pannun in the US.
A state department spokesperson Matthew Miller told reporters at a daily news conference on Monday that they (Indian government) opened a committee of inquiry to look into the matter, and that work is ongoing...
"We'll wait to see the results. But we made it very clear that it's something that we are taking seriously and we think they, too, should take this seriously," he added.
Miller was responding to a question on the allegations that Indian government officials were involved in a plot to assassinate Pannun, a US citizen and a separatist Sikh leader.