SC rejects plea of Indian in Czech prison over plot to kill Pannun
Senior advocate CA Sundaram was told the court should respect the sovereignty of the foreign court and it cannot go into the merit of the matter
The Supreme Court on Thursday (January 4) rejected a plea for consular access moved by the family of Indian Nikhil Gupta, who is in a Czech jail after being accused of trying to kill Khalistani Gurpatwant Singh Pannun.
Justices Sanjiv Khanna and Dipankar Datta said: “There is nothing much we can do. You are entitled for consular access under the Vienna convention, which you have already got.”
Foreign court
The Bench told senior advocate CA Sundaram, who argued for Gupta’s kin, that the court should respect the jurisdiction and sovereignty of the foreign court and it cannot go into the merit of the matter.
“We will not allow you to speak anything about the foreign court,” the bench said after Sundaram tried to submit that Gupta had been placed under solitary confinement and was not granted any consular access.
Seeks assistance
Sundaram said it was a human rights issue and that the 52-year-old Gupta had failed to get the assistance of the Indian embassy and the external affairs ministry.
“I am an Indian national… I have not received any assistance to enable me to defend myself in a foreign country. Consular access does not mean that a person once comes and meets you and then it is done and dusted,” Sundaram said.
Consular access
The bench said looking at the prayer of Gupta in the writ petition, it cannot do much. When Sundaram sought direction to the Centre over his representation, the bench said it was for the government to consider it and that it cannot pass any such orders.
The bench noted that on September 17, 2023, Gupta received consular access and he also moved the Delhi High Court.
Gupta’s charges
Gupta was arrested in the Czech Republic on June 30. He has alleged human rights violations in solitary confinement, including being forced to consume beef and pork.
He also alleged that he was denied consular access, the right to contact his family in India, and the freedom to seek legal representation.
Jail term
On November 29, Gupta was charged in the United States in connection with his alleged participation in a foiled plot to assassinate Pannun on American soil.
Gupta has been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison, and conspiracy to commit murder-for-hire, which carries a maximum sentence of a 10-year jail term.
Czech authorities arrested and detained Gupta on June 30 in line with an extradition treaty with the US.
(With agency inputs)
