"Approach Court Outside India": SC On Plea Of Nikhil Gupta, Accused In Pannun 'Killing Plot' By US, Held In Czech Jail

The family of Indian national Nikhil Gupta has submitted a Habeas Corpus petition to the Supreme Court. Gupta is presently being held in the Czech Republic, accused of plotting to murder Khalistani separatist and dual US-Canadian citizen, Gurpatwant Singh Pannun.

A bench of Justices Sanjiv Khanna and SV Bhatti heard the plea that requested the involvement of the Indian Government to free him. They initially indicated that the petitioners might need to appeal to the court in the Czech Republic, where Gupta is currently held.

"The court, located outside of India, is where you must present your case. We will not be conducting any adjudication here. The individual in detention has not provided an affidavit. If any laws have been violated, it is to that court you must turn," stated the Court.

According to Bar and Bench, the Court additionally inquired about the individual who submitted the petition. Aryama Sundaram, a Senior Advocate representing the petitioner, stated that the appeal was submitted by a relative of Gupta.

Sundaram also stated that this was the second such accusation from the United States of America, and Gupta has found himself in the middle of it.

Eventually, the case was scheduled for review by the Court on 4 January .

In his appeal, Gupta stated that he was enjoying a combined business and leisure trip in the Czech Republic when he was unlawfully held at Prague Airport on 30 June.

He stated that the conditions of his arrest were characterized by anomalies, such as the absence of an official arrest warrant. Furthermore, the arrest was carried out by individuals asserting to be US agents, instead of the local Czech law enforcement.

The appeal thoroughly described the process of how he was held at the airport following his passage through the immigration checkpoint.

According to the petition, the petitioner was accosted by some individuals claiming to be law enforcement officers just as he was leaving the airport. They detained him without providing any explanation for his detention.

He was compelled into a sports utility vehicle (SUV), and a gadget was connected to his cell phone. The individuals, who presented themselves as law enforcement officers, forcibly seated the petitioner in an unmarked black SUV, which already contained two hidden individuals.

They forcefully confiscated the petitioner's mobile phones and attached a device to them while continuing their interrogation. The petitioner further reports that these self-proclaimed American agents coerced him into unlocking his iPhone using the face ID feature and took his photographs. Despite the petitioner's resistance, these individuals eventually revealed their identity as American agents, according to the plea.

It's important to highlight that the individual in question wasn't detained at the immigration counter. Instead, they were caught after passing through immigration, once they had already left Prague Airport, as was pointed out.

The argument was that the three-hour interrogation session in the rear of an SUV was unquestionably unlawful, violating both international and local legal principles.

The petition stated that the petitioner, who is a committed Hindu and vegetarian, was forcefully made to eat beef and pork while he was detained in Czech custody, an act that blatantly infringed upon his religious beliefs.

In addition, he was not permitted consular access, the ability to communicate with his family in India, nor the opportunity to acquire legal representation.

The claimant called upon Article 12 of the Universal Declaration of Human Rights for protection. This particular article defends individuals from random intrusions into their privacy, family matters, home affairs, or correspondence, and safeguards them from assaults on their honor and reputation.

The plea states that he alleges his trip to the Czech Republic, originally intended for pleasure and business opportunities, transformed into a horrifying experience. As a law-abiding, middle-class businessman, he faced an unlawful arrest, language difficulties, and inadequate assistance, all of which infringed on his rights under Articles 14, 19, and 21, including his right to religious freedom.

In the meantime, it has been verified by the Czech authorities that Gupta's detention was carried out at the request of the United States of America.