SC junks consular access plea for Indian facing US charges in Czech prison

New Delhi: The Supreme Court on Thursday dismissed a petition requesting further consular access for Nikhil Gupta, an Indian national currently detained in a Czech Republic prison. Gupta faces charges in the United States for his alleged involvement in a plot to assassinate Sikh separatist Gurpatwant Singh Pannun.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta acknowledged Gupta’s right to consular access under the Vienna Convention but declined to intervene further, citing respect for Czech jurisdiction and sovereignty. “There is nothing much we can do,” the bench stated.

Senior advocate C A Sundaram, appearing for Gupta’s family, tried to argue that Gupta was being held in solitary confinement and lacked adequate consular support after his indictment. However, the bench restricted the discussion to legal points within Indian jurisdiction, refusing to delve into details of the foreign court proceedings.

“We will not allow you to speak anything about the foreign court,” the bench firmly told Sundaram when he raised concerns about Gupta’s conditions.

Sundaram highlighted the human rights aspects of the case, claiming Gupta had not received the necessary assistance from the Indian embassy or Ministry of External Affairs. He argued, “Consular access is not a one-time event. It’s crucial for a proper defense in a foreign country.”

While acknowledging Sundaram’s concerns, the bench pointed out that Gupta had already received consular access on September 17, 2023, and was pursuing legal remedies through the Delhi High Court. They further clarified that directions regarding government assistance were beyond the court’s jurisdiction and should be addressed to the Executive. Gupta, arrested in the Czech Republic on June 30 last year, has alleged severe human rights violations during his solitary confinement, including forced consumption of beef and pork. He also claimed denial of consular access, family contact, and legal representation.

On November 29, 2023, US federal prosecutors charged Gupta with participating in the foiled plot to kill Pannun on American soil. The 52-year-old faces charges of murder-for-hire (maximum 10 years imprisonment) and conspiracy to commit murder-for-hire (maximum 10 years imprisonment).

US authorities alleged that Gupta agreed to pay $100,000 for the assassination of the Sikh separatist leader residing in New York City. Czech authorities, acting on the US-Czech extradition treaty, arrested and detained Gupta.