NEW DELHI: Supreme Court on Friday adjourned a habeas corpus petition filed on behalf of Nikhil Gupta, who was arrested in the Czech Republic in June on the suspicion of hatching an international assassination plot on Gurpatwant Singh Pannun, a Khalistani terrorist and a leader of Sikhs for Justice, against his arrest to January 4, next year.
The accused, Gupta also pleaded to the Apex Court to pass appropriate directions to the concerned authorities on the ongoing extradition proceedings in the Czech Republic.
Gupta, in his petition filed before the SC said, he is currently detained in prison in the Czech Republic. He was also awaiting extradition to the United States in connection with the case there for allegedly being involved in a plot of conspiracy to murder Pannun.
Senior lawyer CA Sundaram, appearing for the petitioner (Nikhil Gupta), sought a direction from the SC to get adequate consular assistance as he is an Indian citizen.
A two-judge bench headed by Justice Sanjiv Khanna and Justice SVN Bhatti made it clear that Gupta has to approach the concerned court for relief in the Czech Republic.
It also questioned Gupta, as to why this court would pass any order on the issue.
“You have to go before the court which is outside India. You shall have to go there. We can not adjudicate the issue here in India," Justice Khanna said.
He, however, said that we understand your concern. This is an extremely sensitive matter for the Ministry of External Affairs (MEA). It's for them to decide, the Apex Court observed.
52-year-old Gupta claimed in his petition that he was in the Czech Republic on a business trip when he was detained illegally on June 30 at Prague airport and remained in solitary confinement for about 100 hours.
The plea stated, “The circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities.”
Gupta sought a direction from the Apex Court that it should direct the Indian govt to intervene in his extradition proceedings pending before the extradition court in Prague. He also said that he should be guaranteed a fair, impartial, unbiased and transparent trial.
It is to be noted that Pannun is an alleged Khalistani terrorist who holds American and Canadian citizenship and a leader of Sikhs for Justice,
Narrating his ordeal, Gupta told the Apex Court that he was illegally detained at the airport after he had crossed the immigration counter. Even though he was denied consular and legal access, and the right to contact his family in India, his fundamental rights were curtailed.
He went on to claim that he is a devout Hindu and vegetarian. Despite this fact, he alleged that he was forced to eat beef and pork during his detention in Czech custody, and he claimed that this kind of treatment is a direct violation of his religious faiths and beliefs.
