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Gupta is currently lodged in a Czech prison in solitary confinement and awaiting to be extradited to the US on murder-for-hire charges.
Approach Czech court: SC
The shocking details came out in a plea moved in the Supreme Court by Nikhil Gupta’s family member, identified only as Mr X.
The plea — invoking Article 12 of the Universal Declaration of Human Rights — claimed that Nikhil Gupta’s fundamental rights were violated multiple times, including threats to himself and his family, and requested the Indian government to intervene in his extradition to the US.
While the SC acknowledged the “extremely sensitive matter”, it asked the petitioner to approach the Czech justice system as the Indian top court has no jurisdiction over arrests in another country. “The person detained (Nikhil Gupta) has not given an affidavit. If there is violation of any law … you have to go to court over there,” Justice Sanjiv Khanna, before relenting and scheduling a hearing for next month
Illegal detention and interrogation
In the petition, Mr X claimed that Nikhil Gupta was illegally detained and interrogated by US agents and that “no formal arrest warrant was presented … and his phone was also taken away”.
The petition pointed out that the “arrest” was made not at the immigration counter in the airport, as would have been the norm, but after Nikhil Gupta cleared entry formalities, “When (he) had, in fact, exited Vaclav Havel Airport … meaning this round of questioning in the back of an SUV for three hours was absolutely illegal and against the principles of both international and municipal law”.
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The “American agents” also threatened the petitioner before handing him over to local authorities, the petition claimed.
Mr X further said that Gupta’s blood and biometrics were taken but that he was never informed about the charges against him till the following morning.
“Subsequently, the petitioner was appointed a defence attorney by the Czech authorities who advised the petitioner … to give his consent to be taken to New York,” Mr X said in the petition, noting that the advice “was against the best interest of the petitioner and under the undue influence of US agencies who were trying to extradite the petitioner as soon as possible”.
Denied consular access
The petition added that the “Czech authorities had not informed the Indian Embassy as to the arrest/detention, or even whereabouts, of the petitioner”.
Nikhil Gupta was denied consular access, the right to contact his family in India, and the freedom to seek legal representation, the plea stated.
He was finally allowed to meet an Indian official on July 19 — nearly 20 days after his “illegal” detention.
‘Forced to eat beef‘
As per the petition, in the first 10-11 days of prison, Gupta was offered only pork and beef, which he could not eat as a “devout Hindu and vegetarian”.
“Even after authorities were informed, they refused to give him vegetarian food … was forced to eat food that violates his religious beliefs … most basic human rights”, the petition claimed
What is the case against Nikhil Gupta?
Last month, US law enforcement authorities announced the filing of “murder-for-hire” charges against Nikhil Gupta in what they said was a “foiled plot to assassinate” Khalistani terrorist Gurpatwant Singh Pannun in New York City.
Pannun was not named in the indictment, but the chargesheet disclosed that Nikhil Gupta was directed by an Indian government official, referred to only as CC-1.
Reacting to the US charges against Gupta, external affairs minister Arindam Bagchi said: “India takes such inputs seriously, since they impinge on our national security interests as well, and relevant departments are already examining the issue.”
A high-level inquiry committee has also been established to look into the case, the government said.
Gupta faces a 20-year jail term if convicted.
(With inputs from agencies)
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