The Supreme Court Thursday declined a plea by family members of Indian national Nikhil Gupta to intervene in his detention in the Czech Republic over an alleged plot to kill US-based Khalistan separatist Gurpatwant Singh Pannun, a designated terrorist under the Unlawful Activities (Prevention) Act (UAPA). Gupta, who is lodged in a prison in Prague, has been accused by US authorities of plotting to kill Pannun at the behest of an Indian official. He was arrested in June last year and Czech courts are considering his extradition, as requested by the US. While presiding over a two-judge bench, Justice Sanjiv Khanna said it is a “sensitive” matter and that it is for the “government to take action”. “This is a sensitive matter for the government also. It has its own ramifications. We will not, in this court, make any statement. It is for the government to do what they want,” he said. The bench, also comprising Justice Dipankar Datta, said, in the order, “We have examined the prayers made in the present writ petition. Keeping in view the principles of public international law and sovereignty and comity of courts, we don’t think any of the prayers can be granted.” The bench noted that the petition by family members of Gupta said that he had already been granted consular access. Hours later, Randhir Jaiswal, spokesperson for the Ministry of External Affairs, responding to a question, said, “We are yet to see the formal order of the Supreme Court. We will take things as it comes. Once we see the order, we will see what are the next steps forward.” In November last year, India had announced the setting up of a high-level probe committee to look into the security concerns shared by the US regarding the alleged plot to kill Pannun on American soil. On the status of the probe, Jaiswal said, “The high-level committee has been constituted and will look into all the issues that were highlighted. Once they come up with the findings, more details will be shared.” The plea by Gupta’s family, filed through Advocate Rohini Musa, said he was a law-abiding citizen hailing from a humble background, and was “seeking relief in a matter fraught with complexities”. According to the plea, the genesis of Gupta’s predicament dates back to June 30, 2023, when he was illegally detained at Prague Airport in the Czech Republic. From the outset, it said, the circumstances surrounding his arrest were marked by irregularities, with no formal arrest warrant presented, and the apprehension executed by self-claimed US agents rather than local Czech authorities. It also said he was a “hapless victim caught in the diplomatic crossfire” between India and the US. Taking up the plea, Justice Khanna said, “I don’t think we can grant you any relief. Consular access is the only thing he is entitled to and he has already got that”. However, Senior Advocate C A Sundaram, appearing for Gupta, said it was only once and about three months ago. Subsequently, there had been an indictment and order to extradite him, he said. Sundaram said he is not getting into merits and added that Gupta is now in solitary confinement. But the bench said, “We are not concerned with all that. Don’t argue something which we will not go and examine. This is a matter relating to public international law. We have to respect the sovereignty and jurisdiction of the other courts.” “The only thing under the Vienna Convention you are entitled to is consular access. In case consular access is denied or is not acceptable, you can approach the authorities. That’s all. Your list of dates says consular access was granted twice,” it said. Sundaram said Gupta as a citizen is only seeking assistance. “I have sought assistance from the Indian Embassy, the Ministry of External Affairs. I have not received a response from any of them. I am saying as an Indian citizen, wherever I may be, I have a right to seek from my state assistance to enable me to defend myself in whatever manner I can.” On Gupta’s behalf, Sundaram said, “Why I am seeking assistance in this matter from Indian authorities is because there has been a subsequent indictment superseding the earlier one which indictment is going completely on the basis that I have acted at the behest and authorities concerned with the Union of India”. But the bench said it is not going to get into matters pending before a foreign court. Sundaram said, “I am not saying that. I am saying that at least to defend myself against this, I need some cooperation from the Ministry.” Justice Khanna said, “This is a sensitive matter. Whether they (the government) want to deal with it or not, it is for them to decide” and added that he had been given consular access.
