Nikhil Gupta’s family members filed a habeas corpus petition with the Supreme Court, seeking relief on his behalf. Gupta faces accusations from the United States for conspiring to eliminate Khalistani terrorist Gurpatwant Singh Pannun. The petition implores the Government of India to intervene in Gupta’s detention in the Czech Republic, arguing that his arrest in a foreign country at the request of the United States is considered illegal.
On Friday (15th December), the Supreme Court postponed the petition to 4th January 2024. At first, the bench, which includes Justices Sanjiv Khanna and SVN Bhatti, indicated a reluctance to consider the petition, stating that the detainee should seek relief from the “appropriate court.”
The court said, “You have to go before the court which is outside India. Go over there. We are not going to have an adjudication over here. The person detained has not given the affidavit. If there is a violation of any law etc you have to go to court over there. We will have this on January 4 after vacations. We will decide on the next day. Serve copy to the central agency.”
Nikhil Gupta said in his petition that he was in the Czech Republic on a leisure and business exploration trip when he was illegally detained at the Prague Airport on June 30. Senior Advocate Aryama Sundaram, appearing on behalf of the petitioner, 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.”
The plea provided a comprehensive account of the petitioner’s detention at the airport following his clearance at the immigration counter. According to the petition, upon exiting the airport, the petitioner was approached by individuals claiming to be law enforcement, who detained him without specifying any reason for his apprehension. Subsequently, he was compelled into a sports utility vehicle (SUV), and a device was affixed to his mobile phone.
It is crucial to highlight that the petitioner was not intercepted at the immigration counter; rather, his apprehension took place after completing immigration procedures when he exited the Prague Airport. The petition argues that the subsequent three-hour interrogation within the confines of an SUV was entirely unlawful, contravening both international and domestic legal principles.
The petitioner, a devout Hindu and adherent to a vegetarian lifestyle, was subjected to the coercive consumption of beef and pork while in Czech custody, directly infringing upon his religious convictions, as asserted in the petition. Additionally, the petition contends that he was deprived of consular access, the right to communicate with his family in India, and the freedom to seek legal representation.
Notably, Czech authorities have verified that Gupta’s detention was carried out at the request of the United States of America. U.S. prosecutors have accused Gupta of collaborating with an Indian government official in a thwarted plot to assassinate Khalistani terrorist Gurpatwant Singh Pannu on American soil. Pannu, who holds dual citizenship in the United States and Canada, was the target of the alleged conspiracy.