How the alleged Pannun assassination plot was detailed in latest US indictment

The confidential source was working with US law enforcement and was contacted by Gupta at Yadav’s direction. This confidential source introduced Gupta to a purported hitman, who was in fact an undercover US law enforcement officer (UC). In dealings brokered by Gupta, Yadav agreed to pay $100,000 to the confidential source to murder the victim. Pannun is referred to as the “victim”.

However, the US official statement also says that “the charges contained in the Second Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty”.

Here is the complete sequence of events, as detailed and alleged in the US indictment.

‘Aman, Amanat’

The plot allegedly began in early May 2023. In a series of telephonic and electronic communications between Yadav and Gupta over encrypted applications, Yadav asked Gupta to arrange the murder of the victim in exchange for Yadav’s assistance in securing the dismissal of a criminal case against Gupta in India. Gupta agreed to orchestrate the assassination. In addition to their electronic communications, Gupta also met Yadav in person in New Delhi in furtherance of the plot.

On or about May 6, 2023, at the outset of their conversation over a particular encrypted messaging application, Yadav wrote to Gupta: “This is Vikas… Save my name as Aman.” Gupta saved the telephone number on Gupta’s phone as “Amanat.” A few minutes later, Yadav messaged Gupta that Yadav had a “target in New York” and another target in “California.” Gupta replied: “We will hit our all targets.” The telephone number used by Yadav had an India country code and is registered to an email account based on Internet Protocol data, accessed the Internet on numerous occasions during the period of the murder plot from the vicinity of New Delhi.

On or about May 12, 2023, Yadav notified Gupta that his criminal case “has already been taken care of,” and that “nobody from the Gujarat police is calling”. Around May 23, 2023, Yadav again assured Gupta that Yadav had “spoke[n] with the boss about your Gujarat [case],* that it was “all clear,” and “nobody will ever bother you again.” Yadav further offered to arrange a meeting between Gupta and a “DCP,” or a deputy commissioner of police. Following Yadav’s assurances, Gupta pressed forward to arrange the murder.

‘Murder-for-hire’

Around May 29, 2023, Gupta asked the confidential source by phone if they knew anyone who would be willing to carry out a murder-for-hire in the US. Gupta explained that the intended victim was a lawyer who split time between New York City and another US city (“U.S. City-1”). The source responded that he would reach out to his contacts. Over the ensuing weeks, Gupta engaged in a series of electronic and recorded communications with the confidential source and later the UC, including by phone, video, and text message, during which they discussed, among other things, the logistics and price of the murder.

For example, during a video call, Gupta reminded the confidential source that the “victim” worked as a lawyer and suggested that their associates could contact the “victim” under the guise of obtaining legal advice in order to lure the “victim” to a place where he could be more easily executed. Gupta also directed the confidential source to a website where they could find New York and US City-1 addresses for the “victim’s” offices.

On or about May 29, 2023, Gupta messaged the confidential source the “victim’s” name and other information, and advised that the “victim” spent most of his time in New York. In response, the CS asked Gupta for additional information about the “victim” and details about payment for the murder. Around the same day, Gupta sent screenshots to Yadav of Gupta’s text messages with the CS, in which the CS requested details about the “victim” and about payment for killing them. Yadav responded saying, “We are ready to pay $150000… the offer will go higher depending upon the quality of the work…and if it’s done as soon as possible,” referring to the murder (“the work”) and executing the plot quickly. Gupta replied to Yadav with a screenshot of the CS requesting “100 k.” Yadav responded “Ok,” and then added that while an advance payment was not possible, “the whole money will be paid within 24 hours after the work is done.”

‘Finish him brother, finish him’

On or about June 1, 2023, Yadav sent Gupta the street address for the “victim’s” home in New York City, which Yadav described to Gupta as “the locality of [the victim’s] House.” On or about June 2, 2023, Yadav messaged Gupta, asking for “any update” on the murder plot, stating “[i]t’s important and less time.” Gupta responded that he expected to have an update the following day. The next day, Gupta spoke with the CS by audio call, and urged the CS to have his associates carry out the murder soon, stating: “finish him brother, finish him, don’t take too much time … push these guys, push these guys … finish the job.”

Gupta directed the confidential source to a particular cellphone application that records GPS coordinates and enables the user to take photographs (the “GPS Application”). Yadav had previously sent Gupta the GPS Application on or about May 25, 2023. Gupta then asked the CS to have the CS’s associates in New York use the GPS Application to transmit surveillance of the “victim”. Later that day, Gupta messaged Yadav that Gupta had “spoke[n] with the NY group” and “told them they have to discharge [the Victim] as soon as possible.” On or about June 4, 2023, Gupta again spoke with the CS by audio call, and promised the CS that “if this job is done successfully” then Gupta would “bring the chief’ to meet the CS. Gupta further noted that Gupta would be speaking with those directing the murder.

As their plotting continued, and Yadav and Gupta sought to orchestrate the assassination as soon as possible, Yadav and Gupta offered to make an upfront cash payment to the CS for the murder. As set forth below, Yadav and Gupta arranged, through Yadav’s network of associates, the payment of $15,000 in cash to the UC in Manhattan, as an advance payment for the murder of the “victim”.

The confident source sent Gupta a purported surveillance photograph of the “victim” taken using the GPS Application (the “Surveillance Photo”) on or about June 4, 2023. The CS represented to Gupta via text message that the Surveillance Photo was proof that the CS’s New York associates were monitoring the “victim”, and that the “victim” would be killed as soon as they received an advance payment of $25,000. The next day, Gupta sent the surveillance photo and a screenshot of the CS’s messages to Yadav. Gupta asked Yadav to “check with [his) NY dealer if he can arrange the 25k [payment] there.”

On or about June 6, 2023, Gupta messaged the CS asking to be put directly in touch with the CS’s New York associates who would receive the advance payment and carry out the murder. In response, the CS introduced Gupta through electronic messages to the UC, who was purporting to be the CS’s associate in New York. That same day, Gupta sent screenshots to Yadav of Gupta’s messages with the CS discussing the advance payment and introducing the UC. Yadav replied, “Ok bhai ji”.

On or about June 7, 2023, Gupta messaged Yadav that Gupta’s associate did not have the funds available in New York to make the advance payment, and asked that Yadav check with his contact. Gupta added that he could “pay here in Delhi also.” The next day, Yadav replied to Gupta with the name of an associate (“Individual-1″), and a phone number for Individual-1 with an Indian country code.

Yadav messaged Gupta, on or about June 9, 2023. Saying, “Bhai ji I guess you are in communication with [Individual-1), he said payment will be made today positively. Let’s activate the team and get it done this weekend,” referring to executing the murder of the “victim” during the ensuing weekend. Gupta responded in the affirmative. Approximately two hours later, Gupta informed the UC by text message and voice note that another associate (“Individual-2”) would call Gupta to arrange the delivery by noon that day of the “parcel,” meaning the advance cash payment for the murder (the “Advance Payment”). A few minutes later, Individual-2 called the UC and stated that Individual-2 had $15,000 for the UC.

On or about June 9, 2023, Individual-2 met with UC in Manhattan to make the advance payment. During the meeting, which took place in the UC’s vehicle, the UC called Gupta and facilitated a video call between Gupta and Individual-2, during which Gupta and Individual-2 discussed, among other things (Gupta’s location in India). Individual-2 then handed over $15,000 in cash to the UC. The next day, Gupta sent Yadav screenshots of Gupta’s text message conversations with the CS and the UC, in which both confirmed that the advance payment had been made. Yadav responded, “Ok bhai ji.”

‘Calm down everything’

As they plotted the murder, Gupta specifically and repeatedly instructed the CS not to carry out the assassination during the Indian Prime Minister’s visit to the US, which was scheduled to begin in late June. For example, on or about June 6, 2023, on an audio call, Gupta advised the CS that “our prime minister Modi is visiting America on 20th so at least we need to calm down everything 10 days . . . so at the time of our prime minister visit, it’s not good.” Gupta explained that, given the “victim’s” public profile as an activist, there could be protests in the wake of his death, which could lead to “political things,” referring to geopolitical fallout if the “victim” were assassinated on American soil while the Indian Prime Minister was on an official state visit to the US.

Gupta added, “Our prime minister will be there for three days, 20, 21, 22… after that they have more jobs, more jobs,” referring to more targeted killings like that of the “victim” to be carried out after the conclusion of the Indian Prime Minister’s visit.

Consistent with the instructions that Gupta later relayed to the CS, Yadav instructed Gupta not to carry out the assassination of the “victim” in the immediate lead-up to, or during, the Indian Prime Minister’s visit to the United States. For example, on or about June 11, 2023, after receiving from Gupta additional purported surveillance photographs of the Victim, Yadav messaged Gupta: “It looks promising.. but we have today only.. if it doesn’t happen today it will be done after 24″,” that is, after the Indian Prime Minister’s expected departure from the US.

During Gupta’s communications with the CS and the UC, Gupta repeatedly emphasised that his co-conspirators directing the assassination plot from India had extensive resources and were closely monitoring the progress of the plotting. On or about June 12, 2023, the UC received a video call from Gupta, who appeared to be in a conference room. During the call, Gupta turned the camera toward approximately three other men in the room who were dressed in business attire around a conference table. As Gupta turned the camera back toward himself, he told the UC, “We are all counting on you.”

‘We will give more bigger job’

Approximately two days later, Gupta messaged the UC that Gupta had a “m[essage] from our friends for you brother.” Gupta then forwarded a message that Gupta had received from Yadav, stating: “follow (the victim) till the time he enters his house or any other final place.” Gupta also informed the CS and the UC that after the murder of the “victim”, Gupta’s confederates would provide the CS and the UC with additional victims to kill. For example, on or about June 9, 2023, Gupta told the CS during a call that the murder of the “victim” would change the UC’s life because “we will give more bigger job… more, more job every month, every month 2-3 job.”

On or about June 12, 2023, on a call with the CS, Gupta stated that there was a “big target” in Canada.

A few days later, on or about June 14, 2023, Gupta messaged the CS that “we will be needing one good team in Canada also, tomorrow I will share you the details”. The following day, on or about June 15, 2023, Gupta advised the CS by phone that Gupta was still “waiting (for) the details” about the Canadian target.

On or about June 16, 2023, on another call with the CS, Gupta told the CS that “we are doing their job, brother. We are doing their New York [and] Canada [job],” referring to the individuals directing the targeting plots from India. On or about June 18, 2023, masked gunmen shot and killed Hardeep Singh Nijjar, an associate of the “victim” and another leader of the Sikh separatist movement, outside a Sikh temple in Canada.

Later that evening, Yadav sent Gupta a video clip showing Nijjar’s bloody body slumped in his (Nijjar’s) vehicle. Gupta replied that he wished he had personally conducted the killing and asked Yadav for permission to “go to the field.” Yadav responded that “secrecy [is] important,” and “[i]t’s better you do not get involved in action.” Approximately one hour later, Yadav sent Gupta the street address of the “victim’s” residence in New York City. Gupta forwarded the video clip showing Nijjar’s bloody body to the CS and the UC minutes after receiving it from Yadav.

Soon after, on or about June 19, 2023, Gupta spoke with the UC by audio call, and Gupta told the UC that Nijjar “was also the target” but that Nijjar was “#4, #3” on the list, and “not to worry [because] we have so many targets, we have so many targets. But the good news is this, the good news is this: now no need to wait.” Separately, Gupta also held an audio call with the CS, during which Gupta confirmed that Nijjar was the target that Gupta had previously mentioned as the potential Canadian “job” stating: “This is the guy, I sent you the video… We didn’t give to [the UC] this job, so some other guy did this job … in Canada.”

In a change from his prior instruction to delay killing the “victim” until after the Indian Prime Minister’s visit, Gupta told the CS that the UC should kill the “victim” as soon as possible, informing the CS that “we got the go-ahead to go anytime, even today, tomorrow—as early as possible. [The UC] has to finish this job, brother.”

‘Put everyone down’

Gupta also told the CS to expect the “victim” to be more careful in the wake of the Nijjar murder. “He will be more cautious, because in Canada, his colleague is down. His colleague is down. I sent you the video. So he will be more cautious, so we should not give them the chance, any chance.” Gupta added: “If he is not alone, [if] there are two guys with him in the meeting or something … put everyone down.”

The following day, on or about June 20, 2023, Yadav sent Gupta a news article about the “victim”. Yadav then messaged: “It’s [a] priority now.” Shortly thereafter, Gupta spoke to the CS by audio call, and Gupta directed the CS to “find the opportunity” to kill the “victim” and to “do it quickly.” Gupta stated that before the “29th [of June] we have to finish four jobs,” ie, the “victim” and, after that, “three in Canada.”

After the Nijjar murder in Canada, Gupta demanded rapid updates from the UC on the progress of the plot to murder the “victim”, which Gupta then reported to Yadav. Gupta simultaneously relayed intelligence on the “victim’s” whereabouts from Yadav to the UC. At one point, on or about June 22, 2023, Yadav messaged Gupta that the “victim” “is somewhere else,” that “[h]e is not at home,” and that Yadav “got the message from boss.” Gupta immediately attempted to call the UC. When the call went unanswered, Gupta messaged the UC that the “victim” “is not at home according to our sources … [m]ake sure his presence before entering inside.”

A few minutes later, Yadav messaged Gupta, instructing: “let them also verify by their own… if they are able to get some proof that he is inside..it will be a go ahead from us,” a reference to giving the green light to assassinate the “victim” as soon as it could be verified that he was at his residence.

On or about June 24, 2023, Yadav messaged Gupta that “today we must get the App based location pic,” referring to obtaining surveillance of the “victim” using the GPS Application. Yadav explained that “[n]ow it’s a clear go ahead..we will also be able to help your team if they are sending location.” Consistent with Yadav’s instruction, Gupta messaged the UC and directed the UC to transmit “[p]ictures only through the application.” Around the next day, the UC sent Gupta a series of photographs of the vicinity of the “victim’s” residence and neighbourhood, which bore GPS coordinate stamps from the GPS Application. Gupta, in turn, sent portions of the photographs to Yadav.

The next day, on or about June 26, 2023, Yadav replied to Gupta: “Excellent . . . they are proving that they are quite serious now.” Yadav added that “[t]he coming 24 hours will be crucial,” that the “victim” “definitely come to either home or office,” and that Gupta should tell the UC to be ready for both the locations.” Gupta relayed Yadav’s instruction, directing the UC to “keep eyes at his house, his office and the cafe he used to visit.”

Also on or about June 26, 2023, the UC sent Gupta another series of photographs of the “victim’s” neighbourhood taken using the GPS Application. Gupta transmitted portions of the photographs to Yadav, who then provided Gupta with a total of four “[o)ffice” and “(p]ersonal” telephone numbers of the “victim”.

On or about June 29, 2023, Gupta messaged the UC that “[w]e have the Intel that the [victim) . . . has arrived back to his home” and “[t]oday he should some out definitely,” Gupta instructed the UC to carry out the murder, stating: “[t]ry to get this done if you have the visuals and if you are sure.”

On or about June 30, 2023, Gupta travelled from India to the Czech Republic. Upon his arrival in the Czech Republic, Gupta was arrested by Czech law enforcement authorities at the request of the US, in connection with his participation in the plot to assassinate the “victim”. Gupta was subsequently extradited to the United States.