The Supreme Court on Thursday (4 January) dismissed a petition that sought consular access and legal assistance for Indian citizen Nikhil Gupta.
Gupta is currently facing accusations in a US court for allegedly planning to murder Khalistani terrorist Gurpatwant Singh Pannun in New York.
A bench of 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".
The top court said it is a sensitive matter and the Government of India will decide how to go about it.
"Considering the public international law and comity of courts, we can't intervene," the SC said.
The bench further informed senior advocate CA Sundaram, who was representing Gupta's family, that the court should respect the jurisdiction and sovereignty of the foreign court and law of that land, and therefore, it cannot go into merit of the matter.
Gupta, who is currently being held in a Prague prison, is charged by US authorities with conspiring to assassinate Pannun at the behest of an Indian intelligence official.
He was detained by Czech officials on 30 June last year, and his extradition is presently being reviewed by the courts there at the request of the US government.
The bench noted that Gupta was granted consular access on 17 September last year. He also filed a motion in the Delhi High Court, which resulted in the passing of certain orders.
Kuldeep is Senior Editor (Newsroom) at Swarajya. He tweets at @kaydnegi.
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