US seeks 24-year-plus sentence for Nikhil Gupta in Pannun assassination plot

US prosecutors have asked a federal court in New York to sentence Indian national Nikhil Gupta to more than 24 years in prison for his alleged role in a plot to assassinate pro-Khalistan separatist Gurpatwant Singh Pannun on American soil. Gupta is due to be sentenced on November 20, but his lawyers have sought a 12-year term.

Defence seeks 12-year sentence

In a sentencing memorandum filed before the Southern District of New York, the defence backed the Probation Department's recommendation of 144 months, against sentencing guidelines of 235 to 293 months, reported the Hindustan Times.

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In a letter to Judge Victor Marrero, the 55-year-old expressed regret over his involvement and described his struggle with alcoholism.

“I wish I could turn back time to 2023 and undo my mistakes. Now, when I look back, I don't even recognise the man I had become. In early 2023, even though my life looked just fine from the outside, I was a mess. I was not me,” stated the letter.

Gupta cites pressure and accepts responsibility

Gupta pleaded guilty in February to murder-for-hire conspiracy, murder-for-hire and money laundering conspiracy charges. US authorities alleged that he acted at the direction of an Indian intelligence official, identified as Vikash Yadav. India has denied any state involvement and said such action is against government policy.

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The defence cited Gupta's acceptance of responsibility and lack of a prior criminal record. It also argued that he acted under pressure after men claiming to be Gujarat police officers visited his home and left their names with his son. Yadav later offered to resolve the matter, describing the “fake case” as “all clear”.

Prosecutors seek full 293-month term

Prosecutors said Gupta had played a central part in the alleged plot and urged the court to impose the full 293-month term.

“The defendant’s conduct was as brutal as it was brazen. He was a crucial participant in a foreign plot to execute a US citizen on US soil. The Court should impose a sentence that reflects the magnitude of the crime and sends a message that the violent silencing of voices in this country will not be tolerated. For these reasons, and all the reasons set forth above, the Government respectfully requests that the Court impose a sentence of 293 months’ imprisonment,” they wrote on November 13.

They also disputed the defence's account of Gupta's motives, saying he expected to profit from weapons sales and drug shipments offered by Yadav after Pannun's killing.

Prosecutors dismissed Gupta's claim that alcohol affected his judgment, terming it an “absurd claim.”