Pannun case: Czech top court clears decks for extradition of Nikhil Gupta to US
Gupta had approached the top court arguing that the two lower courts had not examined the political nature of the act that he was accused of.
3 min read
Sikh separatist leader Gurpatwant Singh Pannun. (File)Almost a year after he was arrested by Czech authorities in Prague at the request of the US government, the highest court of the country has cleared the decks for Nikhil Gupta’s extradition to the US to be tried for allegedly plotting to kill Khalistan separatist Gurpatwant Singh Pannun at the behest of an Indian government official.
In a statement issued Wednesday evening, the Constitutional Court of the Czech Republic dismissed Gupta’s challenge to the decisions of the Municipal Court in Prague dated November 23, 2023, and the High Court in Prague dated January 8, 2024, both of which had ruled positively on the admissibility of the US request for his extradition.
Gupta had approached the top court arguing that the two lower courts had not examined the political nature of the act that he was accused of.
The Constitutional Court “disagreed” with the argument of Gupta’s lawyer, saying the courts had not only thoroughly examined all extradition documents provided by the US government but also the additional information provided by the US in response to Gupta’s objections.
Wednesday’s development has paved the way for Gupta’s extradition as the final call now rests with the Ministry of Justice.
The Constitutional Court final ruling came almost four months after, in an interim decision on January 30, it had stayed the lower courts’ decisions to permit Gupta’s extradition citing no significant harm to public interest if this action was delayed.
Earlier this month, in response to queries from The Indian Express, Markéta Andrová, spokesperson of the Czech Ministry of Justice, said that the top court’s interim decision means “the Minister of Justice cannot decide on extradition or refusal until the Constitutional Court decides on the merits of the complaint filed by Nikhil Gupta”.
The US and Czech Republic have an extradition treaty under which the US wants Gupta extradited.
He was detained by Czech authorities, at the request of the US government, shortly after he arrived in Prague on June 30 last year.
US prosecutors have charged Gupta with attempting to hire a hitman to kill Pannun, a US citizen designated as a terrorist under the Unlawful Activities (Prevention) Act in India. Gupta had alleged human rights violations by Czech authorities while in custody, one of the issues that the Constitutional Court was to look into.
Last year, the US had shared information with the Indian government about the foiled assassination bid, also asking it to investigate the alleged involvement of the Indian official.
While the identity of the Indian official, referred to as CC1 in the indictment, was not revealed, a recent report by The Washington Post alleged that a former Indian intelligence officer plotted to kill Pannun on American soil. The Ministry of External Affairs had called the report “unwarranted and unsubstantiated”.
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