NEW DELHI: Nikhil Gupta, who has been named by the US Justice Department in the foiled assassination attempt of Khalistani separatist Gurupatwant Pannun – has been granted consular access thrice in Prague, since his arrest on June 30th.
The 52-year-old, also known as Nick, is detained in Prague’s Pankrac prison. The US has been seeking his extradition since August. India has granted consular support to Gupta as he is an Indian citizen.
"An Indian national is currently in the custody of the Czech authorities pending a request for extradition to the US. We have received consular access at least on three occasions,” said Ministry of External Affairs (MEA) spokesperson Arindam Bagchi adding that the family of Gupta had gone to the Supreme Court, and since the matter is sub judice they would not make any further comments.
Gupta had approached the Supreme Court last week seeking intervention in the extradition and ensuring a fair trial in the case.
Meanwhile, the Municipal Court in Prague has said that the extradition of Gupta to the US is admissible, however, the decision of the municipal court in Prague is not yet legal force, according to the spokesperson of the Czech justice ministry.
"The Ministry of Justice of the Czech Republic can confirm that Nikhil Gupta was apprehended and afterwards taken into provisional custody in the Czech Republic at the request of the competent authority of the US – which subsequently submitted a request for his extradition,’’ read the statement issued by the Czech Justice Ministry.
The Czech Justice Ministry has also said that the extradition request has been made for the US for a conspiracy to murder for hire.
After a preliminary investigation, the Municipal Public Prosecution Office in Prague filed a motion to declare the extradition is admissible. The decisions of the Czech courts are also not publicly available online.
Meanwhile, the writ petition that has been filed by Gupta’s family, states that he was illegally detained in Prague Airport on June 30th.
"From the outset, the petitioner contends that 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 Czech authorities.’’
The petitioner also implores the court to delve into the intricate diplomatic nuances, scrutinise the violations of human rights and invoke its constitutional authority to safeguard his interests in the face of perilous and allegedly wrongful detention.