Move Czech court: SC tells family of man arrested in Khalistani murder plot
The petition alleged that Nikhil Gupta was being forced to consume beef and pork that he found offensive as he was a "devout Hindu and vegetarian"
The Supreme Court on Friday (December 15) told the family of an Indian man, detained in Prague on charges of trying to kill a Sikh separatist in the US, to move a Czech court to secure relief.
Justice Sanjiv Khanna later, however, agreed to have an order served to the central government to know more about Nikhil Gupta, 52, and said the case will be heard on January 4.
Gupta has been accused by the United States of conspiring to assassinate US-based Sikh separatist Gurpatwant Singh Pannun along with an unnamed Indian official.
Gupta’s family sought Indian intervention in the extradition proceedings initiated by the US.
The petition, filed by a family member identified only as X, described Gupta's detention as "illegal" and that his life was in danger.
The court acknowledged this to be an "extremely sensitive matter", and Justice Khanna first directed the petitioner to "go before the court which is outside India".
He said the Indian Supreme Court had no jurisdiction over arrests in another country.
Court observations
"The person detained (Gupta) has not given affidavit. If there is violation of any law... you have to go to court over there," the judge said, before scheduling a hearing for next month,
"Serve copy to the Central government (also)," the court said.
The petition said the “circumstances (of the arrest in Prague) were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities".
It alleged that Gupta was being forced to consume beef and pork that he found offensive as he was a "devout Hindu and vegetarian".
Gupta is accused of trying to hire a hitman to assassinate Pannun, a Khalistani terrorist who holds American-Canadian citizenship. The 'hitman' was an undercover US federal agent.
He faces a 20-year jail term if convicted of the murder-for-hire and conspiracy charges. The US has also accused an Indian government employee, whose identity has not been revealed.
India has ordered an inquiry into the American charges.
