ALMOST a month after the US Department of Justice (DoJ) charged him with “murder-for-hire” and money laundering in connection with the alleged plot to kill pro-Khalistan separatist figure Gurpatwant Singh Pannun, Vikash Yadav has moved an application before a Delhi court requesting to grant him exemption from attending his case hearing saying there’s a security threat to his life.
The court Saturday granted him exemption and asked him to appear on February 3.
On December 18, 2023, less than three weeks after he was mentioned by US Department of Justice (DoJ) documents as “CC-1” (co-conspirator) last November, Yadav was arrested in a kidnapping and extortion case by the Delhi Police Special Cell.
After four months in Tihar jail, as The Indian Express reported first, he was released on bail in April this year, records show. On October 18, the FBI’s New York office put him on its wanted list.
The indictment had alleged that Yadav was employed by the “government of India’s Cabinet Secretariat, which is a part of the Indian Prime Minister’s Office.”
Asked about this, a spokesperson of the Ministry of External Affairs had said that the person (Yadav) is “no longer an employee of the government of India”.
In his two-page application, filed by his advocate R K Handoo on his behalf, Yadav has claimed that there’s a false case registered against him by the Delhi Police.
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He further claimed that there is a security threat to his life since his photographs, house address along with pictures, and details of his whereabouts are in the public domain.
To support his claim, he attached news reports that showed his picture. He has claimed that because of the threat, he can’t join the case hearing even through video conferencing as there is a possibility that his location could be tracked.
On Saturday, Yadav’s application was listed before a Delhi court and the court has approved his request but asked him to appear for the next hearing on February 3, 2025.
ExplainedLegal process in abeyance
The court granting Yadav exemption until Feb ensures legal proceedings in his case are held in abeyance. Saturday’s order also gives him some reprieve given that his alleged co-conspirator, Nikhil Gupta, was previously charged and extradited to the US.
When contacted, Yadav’s advocate, Handoo confirmed the filing of the application. Speaking to The Indian Express, he said: “There is a security threat to his life and we have moved an application for exemption from the court hearing. The court has approved his request and gave him exemption.”
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On December 18, 2023, the Delhi Police Special Cell had arrested Yadav after an FIR was filed against him by a Rohini resident, accusing him of extortion and kidnapping and linking him to jailed gangster Lawrence Bishnoi.
Yadav and his associate Abdullah Khan were picked up by the police the next day. As per the chargesheet filed before a Delhi court on March 13 this year, the men were booked under IPC Sections 307 (attempt to murder), 120-B (criminal conspiracy), 364A (abduction), 506 (threatening), 341 (wrongful confinement), 328 (poisoning) and Section 25/27 of the Arms Act.
Yadav was granted interim bail on March 22 and regular bail on April 22. In the bail order, the Additional Sessions Judge, Patiala House Courts, wrote, “The accused was granted interim bail by the court and he has not violated any terms and conditions of interim bail. That in view of filing the chargesheet and bail of the co-accused, Khan, no useful purpose is going to be served by keeping the applicant/accused further in judicial custody for indefinite period. It is prayed that he may be enlarged on bail.”
The ASJ stated that the state opposed the bail application arguing that allegations against the applicant/accused are “grave and serious” and there was “likelihood of tampering of evidence.”
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Granting Yadav bail, the ASJ said that the investigation was complete and he was not required for further custodial interrogation. “…the applicant/accused is not flight risk; there is no allegation of any threat or influence being exerted upon the witness…Vikash Yadav is admitted to bail on furnishing bail bond in the sum of Rs 30,000 with one surety.”
The court said that bail was subject to the conditions that the accused should give an active phone number to the police; not leave the country without prior permission of the court; and should surrender his passport.